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Discrimination / Harassment

Lenoir company folded–but must still pay bias settlement

08/28/2012
The management team behind what’s left of Lenoir-based Caldwell Freight Lines just learned a harsh lesson: The EEOC will come after you even if you are no longer in business.

Double-check: Do employees know how to report bias?

08/28/2012
Before federal employees can file a discrimination complaint, they must first talk to their agency’s EEO officer and formally complain within 45 days. There’s no excuse for not following that rule, as long as training materials address the requirement and bulletin boards include the notice.

EEOC dragging its feet? Seek lawsuit dismissal if delay hurts your ability to defend yourself

08/28/2012

If the EEOC takes too long to investigate a case and initiate a lawsuit, a court may toss it out. Although technically the EEOC has unlimited time to sue, as a ­practical matter employers can get cases dismissed if they can show undue delay and that the delay hurt their ability to come up with a defense.

Sexual harassment within HR demands alternative reporting system

08/28/2012
No department is immune from sexual harassment—not even HR. And when someone in HR is implicated, that’s a big problem.

Goodyear settles suit alleging disability bias in Fayetteville

08/28/2012
Goodyear Tire & Rubber Co. has paid $20,000 to a former employee at its factory in Fayetteville who claims she was fired because of a medical condition.

Remind bosses: No comments about ethnicity

08/28/2012
There are some things supervisors just shouldn’t say even in jest—including anything concerning race, national origin or any other protected characteristic. Comments on those topics regularly come back to haunt employers when employees file discrimination lawsuits.

Ensure business need for literacy requirement

08/28/2012

Do you require basic literacy for every job? If so, the EEOC may soon be knocking on your door. The agency has just won the right to rifle through an employer’s files for job descriptions to justify a broad literacy requirement.

How to change pay scales without triggering age bias suits

08/24/2012
If you are contemplating changing your compensation structure to re­­flect today’s lean job market, do so carefully—especially if you suspect you may be overpaying some senior employees for the work they do.

Is it legal to terminate a highly paid employee just because he earns so much?

08/23/2012

Q. We need to cut costs, and have started to explore trimming our staff, starting with those who earn far more than other employees. Are there any dangers in doing so? Can we legally fire a high-earner because of his salary?

‘Textual’ harassment? OMG! Develop policy B4 you face lawsuit

08/23/2012
One of the most dangerous smartphone functions (from the employer perspective) is also one of the simplest: sending text messages. Considering the rise in harassment claims based on texts, employers should develop policies addressing textual harassment in the workplace.