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Discrimination / Harassment

Not wrongful discharge: ‘You can’t fire me, I quit!’

05/31/2013
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.

Offering settlement or severance? Don’t forget special ADEA rules

05/31/2013
If you plan to offer an employee age 40 or older a severance payment in exchange for promising not to sue, don’t forget to include Age Dis­­crimi­­na­­tion in Employment Act review-and-consult language in the agreement. The ADEA has very specific requirements for allowing the employee to show severance agreements to an attorney before signing.

Will contempt order melt DQ’s resolve not to pay?

05/31/2013
Back in December 2011, the operator of a Dairy Queen restaurant in Winston-Salem’s Hanes Mall agreed to settle an EEOC lawsuit involving a teen worker who claimed she was retaliated against for complaining about sexual harassment. But nothing happened, so a year and a half later, the EEOC decided to up the ante.

Use good notes to shoot down retaliation suits

05/31/2013

One of the easiest ways for an em­­ployee to win a lawsuit against his employer is to allege retaliation. That’s because retaliation is anything that would dissuade a reasonable employee from complaining in the first place. Fortunately, some courts are becoming more skeptical about retaliation lawsuits.

8 steps for investigating, stopping harassment

05/31/2013
Sexual harassment! It’s the cry that strikes terror in the hearts of most HR pros. The good news, according to employment law attorney Jon Hyman: Eight straightforward steps can minimize your liability.

Worker complains and then quits: Investigate anyway, to prove what happened

05/31/2013
When you receive a discrimination or harassment complaint, it’s essential to launch an immediate investigation. Even if the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.

What can we tell co-workers about a new employee’s sex change and transgender status?

05/30/2013
Q. We recently hired an experienced salesperson. Dur­­ing her orientation, she told HR that she recently underwent a sex change procedure and that she is transgender. A few days later, another employee went to HR and explained that he had known the salesperson in a previous job before her sex change. This employee is clearly uncomfortable and asked for advice on what he can say to the new employee and others on the team about their former working relationship?

Good faith? Judge blasts EEOC conciliation process

05/28/2013
A federal judge in Western Penn­­syl­­vania has chastised the EEOC for not attempting to conciliate discrimination charges in good faith. The criticism stems from a bias complaint the EEOC investigated against a group of six Ruby Tuesday restaurants.

Remember: Contract workers are eligible to sue you, too

05/28/2013
Here’s a reminder that you need to document disciplinary and workplace problems for temporary contract employees, too. It doesn’t matter that they know they only have a job for a set period of time.

Document all internal bias complaints to head off possible retaliation lawsuits

05/28/2013
Employees who go to HR or the EEOC with a discrimination complaint engage in what’s called protected activity. Even if their claims don’t pan out, they can’t be punished for complaining in the first place. That’s retaliation and can form the basis of a lawsuit on its own, even if there was no underlying discrimination.