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Discrimination / Harassment

Bias complaint? Beware ‘helpful’ career advice

02/20/2013

It happens all too often: A supervisor hears that a subordinate wants to file a discrimination complaint and warns that following through might harm the worker’s career. It usually takes the form of a caution that complaining will brand the employee as a “troublemaker” and could cost promotion opportunities. The supervisor may genuinely believe that, but expressing it is a bad idea …

Romance policies that work–even with ‘irresistible’ employees

02/20/2013
Workplace romance has long been the bane of the HR profession. A December 2012 Iowa Supreme Court decision in Nelson v. Knight has further roiled the workplace romance waters by holding that an employer could terminate an employee for being “irresistible.”

U of M gay bias lawsuit turns on cellphone, text records

02/20/2013
Ongoing employment discrimination litigation between the University of Minnesota and a former golf coach is now focused on a cellphone. Former women’s associate golf instructor Kathryn Brenny sued the university, claiming that golf director John Harris stripped her of her duties once he discovered she is a lesbian.

Beware firing for ‘spreading rumors’ about bias

02/20/2013
Bosses may not like it, but em­­ployees have the right to complain about their working conditions. Characterizing those complaints as unfounded gossip doesn’t change that—and should never be a reason for termination …

Economic conditions require worker layoffs? Be honest about reason for termination

02/20/2013
No one wants to have to explain why an employee just lost her job. But passing the buck and coming up with inconsistent excuses are the worst possible approaches. Instead, make sure the information comes from one source—preferably HR—and stick with a defensible reason.

Different punishments for breaking same rule? Cite specifics to justify harsher discipline

02/18/2013

It’s reasonable to expect employees to obey your work rules. But employees can also reasonably expect you to apply those rules fairly. If you don’t, you risk a lawsuit. That’s why it is crucial to be specific when documenting discipline.

Have ‘the talk’ to stop hostile environment

02/18/2013

You can’t fire everyone who makes a stupid comment—or even two. But you also can’t ignore insensitive or offensive speech, just hoping for the best. The best approach is direct: Pull the employee aside and explain that neither you nor the company tolerate racist, sexist, ageist or other offensive comments …

Same offense, different discipline: Show why harsher punishment was warranted

02/18/2013
Even when two or more employees break the same rule, each may not deserve the same punishment. But if you don’t document why each case is different, a judge or jury could decide that discrimination was your motive for punishing one employee more severely.

Just 3 days of harassment can indeed create a hostile work environment

02/08/2013

Usually, courts considering whether an employee worked in a sexually hostile environment will look at a period of weeks, months or years to assess whether the alleged har­assment was “severe and pervasive” enough to become truly hostile. But sometimes just a few days will do the trick.

Supreme Court to decide burden of proof in Title VII retaliation cases

02/07/2013
The Supreme Court has agreed to hear a case that could answer a crucial question when an employee who is a member of a protected class alleges retaliation: Must he prove his protected status was the sole motive for retaliation, or can it be just one of many possible reasons?