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Discrimination / Harassment

Specifics matter when workers allege discrimination

08/21/2012

Employees who complain to their employers about discrimination are usually protected from retaliation. But they must at least mention the sort of discrimination at issue. Simply protesting that an evaluation wasn’t fair won’t do the trick.

Court: Employee must tie claims to protected status to win hostile environment case

08/21/2012
Some employees think that any unfair treatment is grounds for a lawsuit under either federal law or California’s Fair Employment and Housing Act (FEHA). Fortunately for em­­ployers, mundane workplace gripes aren’t enough to support a lawsuit.

Poor economy dictates downsizing? You can fire employee who takes pregnancy leave

08/21/2012
Employers experiencing economic difficulties can cut positions if need be and not worry that it cost the job of an employee who was out on maternity leave. But beware! If the decision to cut the employee was based on her having taken leave, she can sue.

Racist talk toward others can add up to hostile environment

08/21/2012
Don’t allow racist talk. Even if not di­rected at an employee, it can have a profound effect on her.

Shut down demeaning name-calling ASAP–or else prepare to pay for your ‘tolerance’

08/21/2012
If you need an incentive to stop name-calling in the workplace, consider this: The 7th Circuit Court of Appeals recently upheld a jury award of $70,000 for a supervisor’s repeated and demeaning use of the word “bitch” when speaking to a subordinate.

Was that sex bias–or clumsy geek-speak?

08/21/2012
The 7th Circuit Court of Appeals has apparently concluded that some professionals are less articulate than others and deserve a pass when they make sexist comments.

Got a hugger on your hands? He spells trouble

08/21/2012
Having a good sexual harassment policy in place doesn’t mean much if your supervisors ignore it. Take, for example, someone who is what we might call “touchy feely.”

SunTrust sued after harassment allegations surface in Sarasota

08/14/2012
SunTrust faces a federal sexual harassment lawsuit after three women who worked at the bank’s Sarasota Gulf Gate branch accused a manager of inappropriate touching and making lewd and unwelcome comments about their anatomy, sex lives and dating habits.

Win lawsuits the easy way: Always document discipline

08/14/2012
Smart employers have policies that require supervisors to document all discipline. That documentation can come in handy if a discharged employee decides to sue. The fact is, employers usually win lawsuits if they show they had a legitimate reason for an employment decision.

Consistent discipline makes it easier to beat employees’ discrimination lawsuits

08/13/2012
For employers, the best way to win discrimination lawsuits is consistency. When you enforce a workplace rule, do so for everyone who violates that rule—every time. That makes it difficult for an employee to cry discrimination over a discipline dispute.