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

Discrimination / Harassment

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.

Single crude incident doesn’t warrant lawsuit

12/03/2012
Sometimes, supervisors say stupid things. But unless a statement or action is outrageously offensive and clearly related to an employee’s race, ethnicity, sex or other protected category, it isn’t grounds for a harassment and discrimination lawsuit.

Ask EEOC to keep employee info confidential

12/03/2012

If you ever have to face off against the EEOC in court, watch out! The commission has great discretion to expand a case that may have begun with just one employee. In doing so, it may demand a long list of information about your employees, past and present. Before turning over employee information to the EEOC, ask the court to order confidentiality.

Curb harassment with policy, prompt action

12/03/2012

You can’t control everything that happens in the workplace. Despite your best efforts, a supervisor might still harass your employees. That doesn’t mean you’re defenseless. A good sexual harassment policy, thorough training for everyone and prompt action can save the day.