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Discrimination / Harassment

Tone alone isn’t enough to turn neutral statement into evidence of bias

10/09/2012

The way an individual speaks can convey more than the actual words he or she uses. Body language, tone of voice and other mannerisms (such as rolled eyes) are also powerful communication. But that doesn’t mean that an otherwise neutral statement delivered with what an employee thinks is a demeaning tone can be the sole basis for a lawsuit.

Ensure policy lets employees report harassment to someone other than boss

10/09/2012
Your sexual harassment policy may not be worth the paper it’s printed on if doesn’t spell out an alternative reporting option for em­­ployees who allege they were harassed by their supervisors. You must allow employees to bypass their bosses.

Slow business forces RIF? Most staffing decisions won’t trigger bias liability

10/09/2012
If you need to conduct a reduction in force because of slow business, it’s perfectly legal to move employees around to better meet your new needs even as you lay off others. Few judges will second-guess those moves, even if the main im­pact is on one employee who happens to be a member of a protected class.

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.