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Discrimination / Harassment

Is body odor a real disability?

07/07/2013
Q. Several employees have requested that we talk to another employee who, frankly, smells bad. I know she has medical problems. Can we ask her to do something about the odor or would that be discrimination based on disability?

Is it legally risky to use facial recognition software?

07/05/2013
Q. Management wants to install “facial recognition” software that clocks in employees by electronically matching the employee’s face to a database. Leaving aside the Big Brother creepiness, are there any legal land mines we should consider before installing this type of technology?

Anti-gay bias ban gains support in General Assembly

07/05/2013
A bill to provide protections to lesbian, gay, bisexual and transsexual em­­ployees has picked up some surprising support in the General Assembly. The bill, which was introduced with 102 co-sponsors, would ban discrimination based on sexual orientation or gender identity or expression in employment, housing, credit and public accommodations.

Retailer Wet Seal settles race bias suit for $7.5 million

07/05/2013
Women’s clothing retailer Wet Seal has agreed to settle a class-action race discrimination suit for $7.5 million. Out of those funds, $5.58 million will go to compensate 1,600 current and former black managers for lost pay and promotions, termination and emotional distress.

Warn bosses: Don’t criticize Martin Luther King Day

07/05/2013
Here’s a reminder to make sure supervisors stay clear of language or commentary that could be viewed as racist.

Part-time workers have same rights as others

07/05/2013
Some managers mistakenly believe there’s no danger in firing a new part-time employee. That’s just not true. Remind them to always run discipline by HR before taking action.

Telling lecherous manager to stop harassing is protected activity all by itself

07/05/2013
Here’s a case that shows how dangerous it can be to have a sexual harasser on board—especially if he is a manager.

Manager files complaint on behalf of subordinates? That’s protected activity

07/05/2013
Don’t assume that just because a manager is in charge of subordinates and champions their discrimination complaints as part of her job, she isn’t engaged in protected activity. It probably is, and any action you take against her can be the basis for a retaliation lawsuit.

When firing, consider all the circumstances–but prepare for lawsuit

07/05/2013

Fired employees who file lawsuits alleging they were singled out for discipline because of some form of discrimination usually follow a basic legal strategy. They try to find a former co-worker outside their protected class who was punished less severely for similar conduct. Your best defense against those lawsuits is to make sure you carefully document all discipline.

Worried promotion might fail? Take a chance anyway

07/03/2013
Some employees rise to a challenge; others don’t. If you are worried that an employee you want to promote might not succeed but want to give her a chance, go ahead. As long as you give her ample training, it won’t appear to be a setup.