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Discrimination / Harassment

EEOC can order employer to keep former harasser away

12/05/2012
Most employers think that once they fire a harasser, the matter should be pretty much over. But the EEOC has now won the right to order an employer never to rehire a harasser and to ban him from the premises indefinitely.

Employee refuses to cooperate with internal investigation? That’s a firing offense

12/05/2012
Just as employers have a responsibility to investigate allegations of wrongdoing, employees have an obligation to cooperate with internal investigations. Refusing to do so can be grounds for termination.

Boss embroils steakhouse in same-sex harassment case

12/05/2012
Sparks Steakhouse in Midtown Man­­hattan will pay $600,000 to settle a same-sex harassment lawsuit that alleged the upscale eatery did nothing to stop a male manager from groping waiters.

Court: Being a tough boss is perfectly legal

12/05/2012
There’s no state or federal law that requires work to be easy or fun. As long as managers treat employees alike—without regard to race, age, sex or other protected characteristic, and don’t otherwise violate the law—they can be as unpleasant as they want.

Warn top brass: Avoid appearance of impropriety

12/05/2012
CEOs and other high-ranking company officials should do all they can to avoid even the appearance of impropriety at work, on business trips and when socializing with employees. Reason: Even innocent behavior can be made to look like harassment.

Court imposes anti-harassment policy on San Antonio company

12/03/2012
A federal judge has ordered AA Foun­­dries to take steps to stop workplace racial harassment after the San Antonio manufacturer lost a lawsuit filed by the EEOC. A jury awarded $200,000 to three black employees who accused a plant superintendent of routine racial harassment.

Conduct mandatory training to prevent supervisor harassment

12/03/2012
The U.S. Supreme Court and federal agencies look askance at employers that don’t train employees and supervisors how to prevent, detect and report harassment. As a practical matter, such training is essentially required.

Employee complains to TCHR? OK to end internal grievance

12/03/2012
Many employers have in­­ternal grievance procedures for em­­ployees who feel they have been discriminated against. But what if, while the complaint is pending, the employee files a complaint with the Texas Com­­mis­­sion on Human Rights?

Hiring: List experience requirements, too

12/03/2012
When posting job openings, don’t focus solely on educational re­­quirements. Instead, be sure to clarify that job experience is also required—and provide specific examples.

What are the downsides of personality tests?

12/03/2012

Q. We are thinking about using personality tests to evaluate whether applicants would be friendly and communicate well with our customers. Does using such a test expose us to potential lawsuits?