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Discrimination / Harassment

Preventing and handling workplace harassment of teen workers

10/09/2012
Because of their youth and inexperience in the workplace, teenage workers are uniquely vulnerable to sexual harassment. It’s your responsibility to prevent harassment—and investigate it if it does occur.

Confidentiality instructions under attack by the NLRB and EEOC

10/09/2012
In a recent case, the NLRB issued a decision holding that a hospital violated the National Labor Relations Act by asking employees who had filed a complaint not to discuss it with co-workers while the investigation was pending. Shortly after, in a different case, the EEOC took a similar position.

Years later, new owners still owe for old transgressions

10/09/2012
Townsend Oil and Propane bought Nichols Oil & Gas in Macedon seven years ago. Turns out, the company also bought liability for harassment committed more than a decade ago by the former owner.

Cantor Fitzgerald hit with race discrimination suit

10/09/2012
Cantor Fitzgerald faces a discrimination and retaliation lawsuit filed by a black former employee who claims he was fired for complaining about race bias at the Manhattan-headquartered investment banking firm.

EEOC can’t be sued for negligent investigation

10/09/2012
Don’t like how the EEOC handled a case? Too bad. It turns out, you can’t sue the EEOC.

Beware excessive monitoring of employees who raise discrimination concerns

10/09/2012
Everyone knows it’s retaliation to demote or fire an employee after he complains about discrimination or cooperates in an investigation. But what about less drastic actions? They might be retaliation, too, under the right circumstances. That can even include excessive monitoring after the employee has complained.

Document business realities, performance ­criteria that led to job-cutting decisions

10/09/2012
During tough economic times, businesses often have to cut labor budgets and eliminate positions. Smart employers make sure they document that process with facts and figures—just in case an affected employee decides to sue and tries to parlay a few stray, insensitive comments into the “real” reason she lost her job.

Control what you can: You can’t stop all hostility

10/09/2012
Good news for employers that try their best to maintain a harassment-free workplace, but sometimes fail: Courts understand there are limits to what employers can do when it comes to limiting all racially hostile comments and acts.

Tell bosses: Careless comments cause lawsuits

10/09/2012
The only appropriate response to a pregnancy announcement is “Congratulations.” No smart aleck comments, no questions about family size, no wondering aloud how long the employee expects to be out. If the pregnant employee asks about leave, her boss should refer her to HR.

Fry’s pays $2.3 million to settle harassment complaint

10/05/2012
Fry’s Electronics, which operates eight stores in Texas, will pay $2.3 million to settle sexual harassment and retaliation complaints arising from incidents at a store in Washington.