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Discrimination / Harassment

OK to vary pay–as long as there’s no sex bias

05/28/2013
Employees are supposed to receive the same compensation for the same work regardless of sex. But that doesn’t mean you can’t pay some men more than some women, even if it’s crystal clear that they’re doing the exact same job. That’s because the Equal Pay Act allows for differences that can be accounted for by any factor other than sex.

Extra breaks for prayers? How to respond

05/28/2013
PROBLEM: A Muslim employee asks for quick breaks to pray several times during the workday. You decide this won’t affect the department’s productivity. But other employees complain that it’s not fair that one employee gets extra breaks. How to respond?

Feds file first lawsuit over new genetic-bias law

05/27/2013
The EEOC recently brought and settled its first lawsuit alleging employer misuse of a person’s genetic information. This was made illegal under the 2009 Genetic Information Nondiscrimination Act.

Manager ‘smirks’ about employee’s situation? That’s not enough to justify a lawsuit

05/20/2013
Here’s some good news: An employee’s interpretation of a manager’s facial expressions isn’t enough for a successful lawsuit. A smirk isn’t evidence.

Workers treated ‘like property’: EEOC wins largest-ever jury verdict

05/17/2013
An Iowa jury has awarded 32 men with intellectual disabilities the largest verdict in EEOC history—$240 million for 20 years of disability discrimination and abuse.

Strive for harmony, plan for a lawsuit: Document every complaint

05/16/2013

Of course you have an anti-­discrimination and anti-harassment policy. You make sure employees know about it. You even make it easy for employees to use the policy. But all that can be for naught if you’re unable to track those complaints.

Fix racial harassment before hostile environment starts affecting employee performance

05/10/2013

Employees who have to work in a hostile work environment may have a hard time doing their jobs well. When resulting poor performance leads management to fire someone, expect trouble. Your best bet is to address any hint at a hostile work environment right away.

Bills would advance gay rights

05/10/2013
Two bills introduced in the House and Senate would ban employment discrimination against gay and transgender employees and expand their FMLA rights.

Should we go ahead with layoffs–including someone who complained about harassment?

05/10/2013
Q. Our company has been having financial difficulties and we have considered reorganizing for several months. Our chief operating officer has been charged with determining whether any of the current jobs can be eliminated. Recently, before any final reorganization decisions were made, an employee came forward claiming that the COO had been harassing her and had created a hostile work environment …

Fed contractors: Prepare to defend pay decisions

05/10/2013
If you’re a federal contractor or subcontractor, now’s a good time to make sure your compensation practices are free from race, sex or age discrimination. The Office of Federal Contract Compliance Programs has ramped up its investi­­gation tactics to root out compensation discrimination.