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Discrimination / Harassment

Background checks: How safe is too safe?

01/11/2013

Q. We are considering instituting a criminal background check policy for all employee positions. We’ve heard scary stories of lawsuits regarding negligent hiring, and we’d really like to avoid that sort of litigation, not to mention the negative media attention. Is there any downside to having an “across the board” criminal background check policy?

Defense firm pays $100,000 to settle race bias claim

01/11/2013
Aerospace and defense contractor ATK has agreed to pay a job applicant $100,000 after she complained about discriminatory hiring practices at the company’s Eden Prairie plant.

Deciding not to hire, note specific reasons why

01/11/2013
You never know which unsuccessful job applicant will sue. That’s why it is crucial to internally document why you rejected a candidate. Bonus: You can also use the information for an informal internal audit to make sure a hiring manager isn’t inadvertently discriminating.

Beware double standard against working moms

01/11/2013
Here’s an important reminder that it takes just one Nean­der­thal boss to launch a lawsuit: Treat­­ing working mothers differently than working fathers is sex discrimination. Never turn a blind eye if you hear a super­visor is doing just that.

One stupid comment doesn’t create hostile environment

01/09/2013
When terminated through a reduction in force or for some other legitimate reason, overly sensitive employees may take a shot at filing a lawsuit over perceived slights, alleging they had been forced to work in a hostile work environment. Fortunately, it usually takes more than that to win.

Hiring or promoting? OK to discount experience if it’s trumped by other factors

01/09/2013

When an employee or applicant claims she was passed over for a job because of discrimination, she generally has to show that she was clearly the best-qualified candidate for the position. Some will argue that cumulative years of experience trump other factors. That’s not always true.

Good records win lawsuits: When disciplining, be as specific as possible

01/09/2013
If someone was terminated for breaking workplace rules, he may claim you treated others outside his protected classification more favorably. The best way to counter such charges is with very specific records showing why you believe each punishment fit the rule violation.

Beware! Old slights can bolster new bias claims

01/09/2013
Here’s an important factor when considering discharge: Dis­­crimi­­nation complaints made years ago can form the basis for a lawsuit if the underlying events show a pattern of discrimination.

Complaint alleges shocking bias at General Electric

01/09/2013
A black General Electric employee has sued the multinational conglomerate for $50 million, alleging she was the victim of race and sex discrimination while working for GE Electric in Schenectady.

Court: Georgia flag’s Confederate design does not create a hostile work environment

01/09/2013
The 2nd Circuit Court of Appeals has refused to reinstate a hostile work environment case involving the display of the Georgia state flag in the South­ampton Union Free School District.