• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Track the training you offer, who qualified–and which employees took advantage of it

11/16/2012

If you offer training to some, you must offer it to everyone else in the same classification who qualifies. Refusing to train some employees may be grounds for a discrimination lawsuit. Prevent such lawsuits by carefully documenting all training offers and how employees respond.

Watch out! Employee who quits can still sue

11/16/2012
Think you can avoid a discrimination lawsuit by making life so miserable that an employee quits, making it unnecessary to fire her? Don’t bet on it.

Steer clear of blanket hiring policies that stymie disabled applicants

11/15/2012

Do you have a standard hiring rule that effectively screens out some job applicants? If so, scrap it. Instead, consider each applicant on his or her merits, especially if the rule could harm applicants with certain disabilities.

Examine actual job duties–not job descriptions–to determine if jobs are truly equivalent

11/15/2012
Don’t rely on job descriptions to counter claims that you violated the Equal Pay Act. How the job is actually performed counts much more.

Communicate findings of bias investigation

11/15/2012
If an employee complains about alleged discrimination and you investigate, make sure you let the employee know the result. It could prevent a lawsuit.

How to establish a sexual harassment defense?

11/14/2012
Q. We have several 16-year-old girls working as servers in our restaurant. One worker’s mother told us about alleged harassment. Can we rely on our training for our defense?

Long gap after complaint won’t support retaliation claim

11/13/2012
A federal court has ruled that a two-year gap between an employee’s discrimination complaint and alleged retaliation is too long. Otherwise, employers could face retaliation claims years or even decades after resolving an original complaint.

Not picked for unpaid additional duties? That’s not grounds for discrimination suit

11/13/2012
Some government agencies and utilities have special-duty assignments—units that are called out in emergencies or during busy times. While serving on such a team may be prestigious, not being selected isn’t usually grounds for a discrimination lawsuit.

That’s so funny I forgot to laugh! What to do when joking crosses the line

11/13/2012

Some employees think that teasing each other—even about sensitive topics like race—is perfectly fine. But sometimes joking escalates to the point where what was once tolerated or even welcomed crosses the line. How you handle those situations can mean the difference between winning or losing a reverse-discrimination case.

Bias complaint? Beware retaliation claim, too

11/13/2012
Here’s an important reminder for employers when an employee alleges discrimination. Regardless of the merit of the original claim, remind supervisors they can’t retaliate.