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Discrimination / Harassment

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.

What Obama administration’s second term means for employers

12/18/2012
With President Obama taking the oath of office this month, employers are wondering what his second term will mean for them. Here is a sampling of the issues.

Settlement soon? EEOC rules Wet Seal discriminated

12/18/2012
Clothing retailer Wet Seal appears headed for a settlement after the EEOC ruled against it in a race discrimination complaint that alleged a high-level effort to trim the number of black employees working at the teen fashion retailers’ stores.

Was that race discrimination, or just a personality conflict?

12/18/2012
As an HR professional, you’re probably used to mediating what seem like silly disputes between co-workers. If neither employee mentions race, chances are a simple personality conflict is at the heart of the matter. Leave it at that—with a note for the record.

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

12/18/2012

Usually, courts considering whether an employee worked in a hostile environment 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.

Supremes to decide: For Title VII, who’s a supervisor?

12/18/2012
The U.S. Supreme Court in November heard oral arguments in Vance v. Ball State, a case that could redefine employer liability when supervisors harass, discriminate or retaliate against employees. At issue: Just who is a supervisor?

Feel free to adjust pay to suit local standards

12/18/2012
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. It’s perfectly fine to adjust salaries to suit local standards.

Before you’re sued: Check for bias patterns

12/18/2012

Do you regularly audit your HR records for signs of hidden bias? Would you know if members of a particular protected class were getting fewer promotions than others? The start of the new year is the perfect time to identify and correct any problems.

EEOC lawsuits are down, but is that good news?

12/14/2012
The EEOC filed only 122 discrimination lawsuits against employers in fiscal year 2012, less than half the number it did in 2011, says the Seyfarth Shaw law firm. They attributed the decline to a series of court rulings in which the EEOC was slapped down for “shooting first, aiming later.”