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Discrimination / Harassment

Not a federal case: Gospel music, incivility

07/12/2012
Courts don’t tolerate religious har­assment, but they won’t punish an employer for occasional lapses in good sense, either. That’s the lesson of the following case.

Don’t be afraid to fire insubordinate supervisor

07/12/2012
Not everyone is cut out to be a boss. Some employees just can’t direct others or criticize their work. If a supervisor can’t—or won’t—do his job, termination may be inevitable.

Act fast to stop any workplace incident that smacks of racism or racial harassment

07/12/2012
Generally, a single racially charged incident won’t create a hostile work environment. But repeated or escalating incidents will. That’s why employers should take immediate, firm action to stop future problems.

Avoid new legal risk: Train supervisors to stamp out hostile work environment retaliation

07/12/2012
The 11th Circuit Court of Appeals has approved new grounds for discrimination lawsuits. It recently ruled that employees who file discrimination complaints can sue for retaliation if their employers punish them with a hostile work environment.

When employee is pregnant, insist on HR approval for every job-related move

07/12/2012
Not every pregnancy is the same and not every pregnant woman can perform her job right up until she goes into labor. Because there is so much variability and because women are protected from pregnancy discrimination, it’s crucial to consider each case individually.

Adjust internal pay scales to end sex bias

07/12/2012
The Equal Pay Act (EPA) requires that men and women in the same workplace be given equal pay for substantially similar work. If you discover a pay disparity between substantially similar male and female employees, fix the problem right away to let women catch up. Don’t use pay policies as an excuse to slow the process.

Did the 6th Circuit just approve a claim for benign discrimination?

07/12/2012
In Litton v. Talawanda School Dis­­trict, a demoted and transferred custodian sued his employer for age and race discrimination. In Litton, did the 6th Circuit unwittingly create a cause of action for benign discrimination? Or, is this case an aberration that future courts will distinguish and disregard?

Retaliation can stick even if underlying complaint doesn’t

07/12/2012
Employees who report harassment are protected from retaliation, even if the underlying complaint lacks merit.

Document decision-making criteria before choosing who stays and who goes in RIF

07/12/2012

Courts understand that during a RIF, perfectly competent employees may lose their jobs. Any legitimate business reason can back up that decision. Just make sure you document the reason before you terminate anyone.

Changing compensation systems? Here’s how to avoid age discrimination claims

07/12/2012
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 employees for the work they do. The problem: Older, more experienced workers may be at the top of your pay scales.