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Discrimination / Harassment

Fired for insisting on legal compliance, HR pro will get his day in court

09/13/2012
Here’s some encouragement for HR professionals caught in a seemingly no-win situation. If you are fired for insisting that the company comply with anti-discrimination laws, you probably can sue.

Beware lawsuits when top brass spouts bias

09/13/2012
When those at the top of the organizational chart make racist and other offensive comments, trouble is sure to follow. Not only do slurs often bring negative publicity, but they also taint otherwise independent employment decisions.

HR suspects discrimination? Lawsuit just got stronger

09/10/2012
An employee must levy very specific allegations for a bias complaint to become protected activity—unless HR already suspects discrimination.

Management won’t back boss’s discipline? That’s not automatically discrimination

09/10/2012
A supervisor can’t successfully sue for discrimination merely because management fails to back up his decision to discipline a subordinate. The supervisor must prove that management didn’t support his decision because of his membership in a protected class.

Follow up with harassed employee to check for retaliation–and prevent future lawsuits

09/10/2012
When an employee complains about sexual harassment, protect yourself against a later retaliation lawsuit by following up with her. Your goal: To get her on record as experiencing no backlash, thus making it harder to sue for retaliation.

Retain all résumés to show your hiring process wasn’t tainted

09/10/2012

Want to prove that you hired the best applicant and selected the right individuals to interview? Keep all the résumés you received for the position. They may come in handy later if you are sued.

Ex-manager claims BoA based assignments on race

09/10/2012
A former manager of a Bank of America branch in New York is suing, claiming the bank has a discriminatory policy of placing black managers only in predominantly poor, black neighborhoods.

Suggesting ways to improve isn’t discrimination

09/10/2012
Some employees are hypersensitive to any criticism, even if it is constructive. That won’t turn a weak discrimination lawsuit into a winner. For example, if the employee receives a largely positive performance review that lists some areas in need of improvement, chances are the court will toss the case fast.

Was firing retaliation? Lufkin faces bias lawsuit

09/04/2012
A former Lufkin Industries employee is suing the oil field equipment manufacturer, alleging he was fired for complaining about racial discrimination.

Donna’s former accountant, would-be city manager sues

09/04/2012
The city of Donna’s former accountant is suing the South Texas town, claiming she wasn’t chosen to become city manager because she is a non-Hispanic woman.