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Discrimination / Harassment

Cutting off good shifts can be retaliation

03/05/2013
When an employee complains about sexual harassment and suddenly finds herself under scrutiny—and sees her schedule changed—she may have a retaliation case.

If employee refuses to cooperate with investigation, feel free to fire

02/26/2013
Not everyone wants to cooperate when an employer begins investigating discrimination or harassment charges. One solution is to tell all em­­ployees they must cooperate. Otherwise, they risk being disciplined. If that doesn’t work, you now have an option …

Severance agreements: Beware new legal risks

02/26/2013
If your severance packages to departing workers include a waiver of future potential lawsuits, that’s a smart strategy. But be aware that small mistakes with severance packages—especially for older workers—can lead to big problems in court.

How does California law affect hiring?

02/20/2013
Q. For the first time in a while, we need to hire new staff. What issues should we take into account during the recruiting process?

Worried about firing the only minority employee?

02/20/2013

If your workplace isn’t exactly the picture of diversity, the need to fire your only minority employee may worry you. Isn’t that just courting a lawsuit? Maybe—but that’s no reason to retain a poor performer.

Worker has ADA-covered disability? Disclose only to those who need to know

02/20/2013

Employees asking for ADA disability accommodations often end up providing very private details about their health. Carefully guard that information so only those who have a real need to know about it are privy to the employee’s condition. That means you should establish a strict protocol for distributing health-related information.

Give HR the last word on terminations: Supervisor bias can taint firing decisions

02/20/2013
It’s never a good idea to “throw the book” at an employee just be­­cause a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.

‘Dodger Dog’ makers burned by DOL bias probe

02/20/2013
Cloherty Packing Co.—makers of Dod­­ger Stadium’s famed “Dodger Dogs” frankfurters—has agreed to settle federal charges it discriminated against women at its Los Angeles plant.

Bias complaint? Beware ‘helpful’ career advice

02/20/2013

It happens all too often: A supervisor hears that a subordinate wants to file a discrimination complaint and warns that following through might harm the worker’s career. It usually takes the form of a caution that complaining will brand the employee as a “troublemaker” and could cost promotion opportunities. The supervisor may genuinely believe that, but expressing it is a bad idea …

Romance policies that work–even with ‘irresistible’ employees

02/20/2013
Workplace romance has long been the bane of the HR profession. A December 2012 Iowa Supreme Court decision in Nelson v. Knight has further roiled the workplace romance waters by holding that an employer could terminate an employee for being “irresistible.”