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Discrimination / Harassment

Employees’ work is dull and uninspiring? Sorry, that’s not grounds for a lawsuit

01/03/2013
Most people want to do meaningful, satisfying work. But many jobs are just routine, boring and not particularly inspiring. Employers have no obligation to provide a perfectly harmonious workplace in which everyone is satisfied and fulfilled.

How to win discrimination lawsuits: Carefully document real performance problems

01/01/2013
Smart employers carefully track performance over the long haul—not just when a manager decides he’s had enough and wants to terminate an employee for poor performance. It’s important to lay the groundwork early on, especially if a new hire has obvious performance problems right after coming on board.

Beware ADA claims if alleged victim isn’t satisfied with harassment investigation

12/30/2012

Some sexual harassment complaints don’t pan out. If, after investigating, you conclude that no harassment took place, the employee who complained may not be satisfied. How should you handle her? Your best bet is to address her concerns about having to work around the alleged harasser.

Employee passed test? He’s probably ‘qualified’

12/30/2012

For an employee to win a dis­crimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.

Orthopedic manufacturer settles religious bias suit

12/19/2012
Gaylord Inc. of Wadesboro will pay $55,000 to settle a former em­­ployee’s religious discrimination lawsuit against the orthopedic and sports medicine products manufacturing company.

Lumbee Tribe faces EEOC sexual harassment charges

12/19/2012
A former employee of the Lumbee Indian Tribe is suing the tribe, alleging her former boss sexually assaulted her and subjected her to severe sexual harassment.

Employee representing herself can always change mind

12/19/2012
Employees who act as their own lawyers often miss important court deadlines. If that happens, don’t jump for joy just yet. The employee may still hire an attorney who will probably know how to get parts of the lawsuit revived in the interest of fairness.

Don’t delay, even for one day! Assault allegations demand response ASAP

12/19/2012
Here’s a reminder for all supervisors and managers: Tell them they must spring into action immediately if an employee reports some form of sexual assault. There’s no waiting allowed—not even one day. Otherwise, a repeat performance the next day may create liability.

Read entire EEOC claim to understand full nature of employee’s complaint

12/19/2012

Employees must file an EEOC complaint before suing their employer over most forms of federally prohibited discrimination. Generally, any claims not included in the complaint don’t count. However, don’t assume that the only parts of the complaint form that matter are the checkmark boxes listing various forms of discrimination.

Back anti-harassment policy with robust training, enforcement

12/19/2012

It’s great that you have a hostile work environment policy in place and cover it in your training. But none of that will do you much good if supervisors remain oblivious. If hostile acts occur despite your policy, it won’t provide much protection. That’s why you must be proactive.