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Discrimination / Harassment

EEOC: Domestic violence victims may be protected from job discrimination

11/07/2012
No federal employment law specifically prohibits job discrimination against domestic violence victims. But the EEOC released a Q&A fact sheet in October 2012 to clarify that Title ViI and the Americans with Disabiilties Act (ADA) “may apply to employment situations involving applicants and employees who experience domestic or dating violence, sexual assault, or stalking.” Read the full Q&A here …

More EEOC investigations take the ‘personal’ touch

11/07/2012
The EEOC is increasingly investigating claims of discrimination by visiting employer workplaces, rather than conducting investigations via the phone and mail, according to attorney Neshesba Kittling. The EEOC’s goal: expand investigations of single charges into companywide class actions.

Discipline OK even if employee has complained

11/01/2012
Courts are consistently hesitant to second-guess well-founded employment decisions. Of course, they won’t let you get away with discriminating or retaliating against an employee for filing an EEOC complaint or lawsuit. But that doesn’t mean you can’t discipline an employee if she needs prodding to meet your legitimate expectations.

Nash Finch settles sex discrimination complaint

11/01/2012
Food wholesaler Nash Finch has settled complaints it discriminated against women at its Lumberton facility. Based in Minnesota, Nash Finch is the nation’s second largest food wholesaler and has received $14 million in federal contract payments since 2005.

Court makes quick work of serial applicant’s lawsuit

11/01/2012
Have you ever faced an applicant who applies for every open position just because it’s easy to do—and then complains that she wasn’t chosen for any of them? A federal court made quick work of dismissing a lawsuit from one such applicant when it was clear she was overreaching.

Already decided who to hire? OK to refuse more applications

11/01/2012
You don’t have to accept any more applications after you have considered enough candidates to make a hiring decision—even if your sys­­tem still shows the position is open.

A slur is a slur, no matter the language–and deserves harsh discipline

11/01/2012
You don’t tolerate slurs spoken in English, do you? Then don’t put up with vile, intolerant and demeaning speech in other languages. It’s the content that matters, not the language spoken.

Bosses: Never justify decisions with sexism

11/01/2012
It may seem obvious, but that doesn’t mean your managers and supervisors understand it: It’s dumb to make sexist comments. A single sexist remark can mean years of ex­­pensive litigation. The employer may eventually win in court—but not before incurring crippling costs of lost time, money and productivity.

When disciplining older worker, be sure to document all examples of poor performance

10/29/2012
Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee.

Don’t be swayed by the top 9 excuses for harassment

10/29/2012

When managers witness or hear about a possible sexual harassment situation at work, it’s important for them to take the situation seriously. It’s vital for managers to contact the appropriate company officials in any potential harassment situations. Don’t be swayed by these common excuses you’ll hear from employees.