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Discrimination / Harassment

Watch out! Simple harassment suits can suddenly become costly emotional distress claims

03/29/2013
Because damages are unlimited in Pennsylvania common-law tort claims, disgruntled employees and their attorneys sometimes try to turn run-of-the-mill harassment cases into intentional-infliction-of-emotional-distress lawsuits. The payoff can be huge.

Charlotte security firm sued for same-sex harassment

03/25/2013
Charlotte-based Metro Special Police & Security Services faces EEOC charges that a captain and lieutenant, both men, solicited male security ­officers for sex and forced them to go to gay bars while on duty.

Offended employee must report ongoing harassment

03/25/2013
Employers that discipline employees who make racially offensive comments have done what’s required of them. Unless they hear about a recurrence, it’s safe to assume the problem was solved.

Court refuses to help pro se litigant after EEOC, attorneys reject her case

03/25/2013
Here’s some good news for em­ployers frustrated with former employees who file groundless discrimination lawsuits. Judges are increasingly unwilling to bend over backward to enable lawsuits that look like sure losers by assigning court-appointed attorneys.

Your obligation to accommodate religion begins when employee requests it

03/25/2013

If employees don’t ask for religious accommodations, then there’s no need to worry about special schedules. That’s because your obligation to accommodate religious needs begins when an employee asks for accommodation. If he never requests a schedule change, you don’t need to do anything.

Use consistent approach, interview checklists in hiring process

03/25/2013

Hiring gets harder when a dozen or more applicants meet your minimum requirements. How do you pick the best candidate and reduce the chance of unhappy job-seekers filing discrimination lawsuits? The best approach is an organized one.

Beware discrimination in contract bidding

03/25/2013
Before rejecting the lowest bid for a public project, many government agencies run background checks on the bidders. It’s critical to be fair and even-handed about those checks, making sure you don’t cherry-pick negative information.

California Supreme Court: ‘Mixed-motive’ applies in FEHA cases

03/20/2013
The California Supreme Court has issued a long-awaited decision on whether the “mixed-motive” de­­fense applies to employment discrimination claims under the California Fair Em­­ployment and Housing Act (FEHA).

Keep thorough records of skills-testing processes and results to counter claims of bias

03/20/2013
Do you administer make-or-break tests that everyone must pass? If so, make sure you test everyone under similar circumstances. Keep careful records of testing conditions and test results. That way, if someone claims the test was biased, you can at least show it was administered fairly and impartially.

Quest for ‘new blood’ could bleed bank account if it results in huge punitive damages award

03/15/2013
If you place an older worker who has complained about age discrimination on a performance improvement plan  that is essentially impossible to complete, watch out! You’re setting yourself up to pay out huge punitive damages—even if the employee winds up winning just a modest retaliation verdict.