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Discrimination / Harassment

Toxic bosses: When does ‘rude’ become ‘illegal’?

01/04/2013
As long as managers treat their employees alike—without regard to race, age, sex or other protected characteristic, and don’t otherwise violate the law—they can typically be as un­­pleasant as they want. Having a jerk for a boss isn’t grounds for a discrimination lawsuit. That said, it’s still a bad idea to tolerate toxic-boss behavior.

Cluelessness at WirelessCom costs big settlement

01/03/2013
WirelessCom, a small San Jose re­­seller of phone services, will pay $97,000 to settle a sexual harassment complaint filed by a then-19-year-old employee.

Bullying: A bad management strategy (but that doesn’t make it illegal)

01/03/2013
There’s one or two in every workplace: a first-level supervisor who yells and screams at everyone. Bullying probably isn’t the best way to get the most out of employees, but that doesn’t make it illegal.

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.