Discrimination / Harassment

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?

English-only rule: Is it legal?

12/03/2012

Q. Is it legal for our company to require employees to speak only English at work?

Overqualified or too old? Firm must answer to EEOC

12/03/2012

The EEOC is suing Amerisource-Bergen Corp., claiming the pharmaceutical distributor violated the Age Discrimination in Employment Act when it failed to hire a 60-year-old man for a telecom manager position.

Pregnancy discrimination: You may be personally liable

12/03/2012

Here’s a good reason to make sure pregnant employees don’t experience bias: The Pennsylvania Human Relations Act protects against pregnancy discrimination and holds personally liable anyone who aids or abets discriminatory practices.

Why you must retain applications and résumés

12/03/2012

It isn’t unusual for disappointed applicants to file frivolous failure-to-hire lawsuits. Your best shot at a quick dismissal is proof that the applicant wasn’t qualified. An application or résumé can do that.