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Discrimination / Harassment

There’s a reason for all those disciplinary rules!

07/31/2013
You should be able to easily pull up every employee’s disciplinary history and show that the employee received a copy, acknowledged an oral warning or was counseled. Consider what happened in the following case when recordkeeping lapsed.

Fired in Fayetteville, former employee alleges racism

07/30/2013
A black man who was fired by the Fayetteville Public Works Com­mis­­sion (PWC) has filed a race discrimination lawsuit alleging that the commission consistently favors white employees over black employees.

When it comes to discipline, details matter

07/30/2013
Here’s an important reminder for HR professionals and managers who must investigate employee misconduct and decide on appropriate discipline. Don’t forget to provide a detailed account of what happened, whom you interviewed and how you arrived at an appropriate punishment. Make sure similar misconduct results in similar consequences.

Lexington diner pays to settle harassment and retaliation suit

07/30/2013
The Silver Diner in Lexington will pay $25,000 to a former waitress to settle claims she was sexually har­­assed by one of the diner’s owners. She claimed when she complained to other owners, her hours were cut. Ulti­­mately, the owners tired of her complaints and terminated her.

Consistent equal treatment trumps most retaliation claims

07/30/2013
Make sure you evenly apply your leave policies to all employees.

Cull interview lists to ensure you include the most-qualified candidates

07/30/2013
Before you begin talking to candidates, make sure everyone you selected for an interview opportunity is among the best qualified, and that you haven’t passed over anyone who is obviously as well-qualified as other applicants. That’s the best way to avoid a needless failure-to-hire suit.

Concord Chick-fil-A sued for half-baked hiring approach

07/30/2013
The EEOC is suing a Chick-fil-A res­­tau­­rant in Concord, alleging violations of the Pregnancy Discrimination Act that almost any savvy HR professional would have known to avoid.

Don’t even try to argue slur wasn’t offensive

07/30/2013
Here’s a hint for defending your company in a discrimination case: Don’t even think about arguing that an obviously offensive ethnic slur is ambiguous or not offensive at all. It won’t get you very far with most judges.

Target misses mark with multicultural training

07/29/2013
Minneapolis-based retailer Target is scrambling to explain a training document that surfaced at one of its Northern California distribution centers. The document purports to tell supervisors how to interact with Hispanic employees—and in the process betrays some offensive stereotypes.

How to avoid being sued for caregiver discrimination

07/26/2013

While family responsibility discrimination (FRD) is not a new protected category (and no federal law expressly prohibits employment discrimination against caregivers), a number of laws provide protection for employees with caregiving responsibilities.