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Discrimination / Harassment

When discipline differs, be sure to document why

02/01/2013
Here’s a timely reminder that you should carefully document disciplinary actions and make sure there is no unintentional discrimination. The key is to thoroughly consider the appropriate punishment for each transgression, taking into account all the details.

‘Protected’ Job Applicants

02/01/2013

HR Law 101: A “protected” applicant is a person with one or more of the characteristics defined by Title VII of the Civil Rights Act of 1964 (race, color, sex, national origin, religion), is age 40 or older or has a disability. If your hiring process tends to screen out certain classes of applicants, you could be libel for discrimination …

From New York to New Mexico: It’s legal to adjust pay based on local standards

01/31/2013

Don’t let pay concerns get in the way of a transfer. Feel free to adjust compensation to account for different market rates in different locations. Courts have said it’s perfectly fine to adjust salaries to suit local standards. Just make sure your compensation decisions are consistent when it comes to protected characteristics.

When interviewing, when is it OK to ask applicant about her sexual history?

01/29/2013

We all know that hiring managers are supposed to avoid personal or intrusive questions when interviewing job applicants. However, under some limited circumstances, getting answers to such questions may be relevant and necessary to the hiring process. Make sure hiring managers know the line before they step into any interview.

Sex bias suit airs law firm’s allegedly dirty laundry

01/25/2013
After the EEOC concluded that a female partner in the Philadelphia office of the Greenberg Traurig law firm had been underpaid by $50,000, she decided to get even.

Awkward: Bias suit reveals state troopers’ Asian sex trips

01/25/2013
A race discrimination lawsuit filed in 2011 by a former Pennsylvania State Police corporal got complicated late last year when allegations of other troopers’ overseas sexual hijinks surfaced.

Track special requests for changes in hours, work

01/25/2013
Sometimes, an employee asks for schedule changes, extra hours or even permission to work from home now and then. If you grant such requests, track them carefully.

Ordinary argument about job duties doesn’t add up to hostile environment

01/25/2013

When a new supervisor arrives and makes changes, criticizes work performance and otherwise challenges old ways of doing things, thin-skinned employees may complain about working in a hostile environment. But just complaining about workplace unpleasantness doesn’t make a winning lawsuit.

Training, strong policies key to keeping workplace harassment-free

01/25/2013
No doubt your company has a sexual harassment policy in place. However, it may have been drafted long ago and may have been long ignored by supervisors and subordinates alike. If you suspect this is the case, it’s time to dust off the document, review it and start making sure all your supervisors and managers take it seriously.

Boring job? That’s no basis for a bias lawsuit

01/25/2013
Most people want to do meaningful, satisfying work. But many jobs are just routine and not particularly inspiring. While it’s wise from an employee relations standpoint to keep employees engaged, employers have no legal obligation to provide a workplace in which everyone is satisfied and fulfilled.