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Discrimination / Harassment

Document solid reasons for firing complainer

09/26/2012
Employees who complain can be annoying, especially if you believe their gripes don’t have merit. But firing such an employee can be dangerous because complaining about discrimination or other legal issues is protected activity that can’t be punished.

The price for tolerating name-calling: $70,000

09/25/2012
If you need any incentive to crack down on name-calling in the workplace, consider this new ruling: A jury slapped a $70,000 judgment on an employer for allowing a supervisor to repeatedly call his female subordinate a “bitch.”

Fry’s pays $2.3 million to settle harassment complaint

09/21/2012
Fry’s Electronics, which operates 17 stores in California, will pay $2.3 million to settle sexual harassment and retaliation complaints arising from incidents at a store in Washington. On a per-claimant basis, the case resulted in one of the largest settlements the EEOC has ever negotiated.

Making economic argument for staff cuts? Better make sure the math adds up

09/21/2012
Here’s something for small business owners to consider when purporting to terminate an employee for financial reasons. If the owner spends lavishly elsewhere, that may be evidence that money was just an excuse for a discriminatory termination.

Bullet-proof your promotions process

09/21/2012

Your best defense to a failure-to-promote claim is proof that you posted the job but the employee never applied. But how do you prove that? With a policy that requires posting all internal openings and also requires employees to express their interest by actually applying …

It’s all hilarious … until someone sues

09/21/2012
You know the gags: Post-it notes labeling everything in Greg’s cubicle. Duct-taping Stacey’s office door. Photoshopping Dave’s picture on a photo of a Sumo wrestler. But what should you do when the jokes go too far?

Federal courts take a second swing at Prospect

09/20/2012
A federal judge has ordered Chicago-based Prospect Airport Services to implement an anti-harassment program after determining that the company ignored previous court orders issued after it settled an EEOC harassment suit in 2010.

Going-out-of-business sale price: $80,000 for bias

09/20/2012
Genie Temporary Service in La Salle will be closing its doors soon, but not before paying $80,000 to a former temp who the EEOC says was a victim of disability discrimination.

Use rational criteria to make hiring decisions

09/20/2012
As long as hiring managers can logically explain why one applicant was selected instead of another, courts probably won’t question the choice.

Investigate or else! When harassment surfaces, HR inquiries and action could be worth millions

09/20/2012
If you can’t find a way to end persistent workplace harassment, a court may conclude that your organization acted recklessly in denying an employee’s civil rights. That may mean you’ll owe a huge punitive damages award.