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Discrimination / Harassment

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.

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.