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Discrimination / Harassment

Combat co-worker harassment with effective policy, prompt action

05/06/2013
You can’t prevent all sexual har­­assment, but you can do plenty to avoid liability when it does happen, at least when the harasser is a co-worker. Start with a clear anti-harassment policy, and make sure everyone under­­stands it.

Off-limits to bosses: Talk of child-rearing

05/06/2013
Some things are best left unsaid. That includes any comments about how hard it must be for a mother to have a career and raise children. Tell managers to keep the topic out of their office chitchat.

Retaliation alert: Don’t punish boss for refusing to alter disputed performance review

05/01/2013
Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.

Texas Senate considers long-shot LGBT-rights law

05/01/2013
The Texas Senate is considering a bill that would ban discrimination against lesbian, gay, bisexual or transgendered employees and job applicants. Introduced by Sen. Leticia Van de Putte, S.B. 237 would prohibit employment discrimination based on sexual orientation, gender identity and gender expression.

Break in employment may cut hostile environment liability

05/01/2013
If an employee chooses to return to work in a hostile environment, that makes it much harder to successfully sue for harassment.

‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?

05/01/2013
In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the em­­ployer isn’t on the hook for em­­ployee attorneys’ fees.

Jury awards fired drivers $243,000 for racial harassment

04/30/2013
A federal jury has awarded two former employees of Concord trucking firm A.C. Widenhouse more than $243,000 in compensatory and punitive damages. The EEOC had filed the suit on behalf of two black em­­ployees who complained of pervasive bigotry and harassment at work.

You don’t always have to be right–just honest

04/30/2013
Many HR professionals spend time agonizing over whether to fire someone they believe broke a rule warranting discharge. Could they have been wrong about the facts? Relax. There’s no need to second-guess yourself endlessly. Instead, conduct a prompt and thorough investigation and make a decision.

Emotional outburst? Respond with patience, calm

04/29/2013
Occasionally, we all have to deal with overly emotional ­employees. Handling them requires a mature and measured response, especially if it looks like you may have to discipline them.

From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?