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Discrimination / Harassment

‘Innocent’ touching can still be sex harassment

06/18/2012
For some supervisors, being a good boss is literally a hands-on job. They’re constantly patting workers on the back or wrapping them up in an innocent hug. But watch out if they’re “touchier” with female subordinates.

Don’t count on EEOC to pay your legal bills

06/18/2012
The jubilation was short-lived after an employer won what would have been a significant victory that might have reduced the number of cases the EEOC litigates. Alas, an appeals court quickly turned the tables.

Performance improving? Let probation continue

06/15/2012

Here’s a warning to employers that use a progressive disciplinary system: Follow it—for everyone. Cutting the process short except for good, solid reasons is asking for trouble. Performance improvement plans are a good example.

New boss raises the bar? Give worker a chance to improve, discipline if she doesn’t

06/15/2012

Some supervisors are more forgiving than others. Many times, that means a marginal employee may never improve until a new supervisor arrives and insists on better performance. If that happens and the employee struggles to rise to the occasion, be careful before you terminate her.

One rule, two employees, two violations: Document why discipline wasn’t identical

06/15/2012

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.

Diversity initiatives: Watch the pitfalls

06/13/2012
Generally, it’s illegal to hire employees or make other employment decisions due to a worker’s race, sex or other classification, even when your goal is to create workplace diversity. Beware of common pitfalls in implementing diversity initiatives.

Company itself may be liable when CEO is the harasser

06/11/2012
Here’s a difficult situation for even the most experienced HR pro: What should you do if you believe the head of your company is a harasser? There’s no easy answer, as this case shows.

Premarital sex or pregnancy discrimination? One’s protected while the other is not

06/11/2012
There is no freedom from discrimination based on having premarital sex, but there is a right to be free of pregnancy discrimination. It may seem odd, but employers can technically fire someone for behavior that doesn’t meet the employer’s “moral” standards as long as no other protected characteristic is involved.

Didn’t know employee wanted training? Be sure to extend invitation next time

06/11/2012
Failing to offer some employees the opportunity to participate in training can mean a possible lawsuit. But that’s only true if the employee who missed out on the training opportunity let it be known that he was interested.

Beware national-origin bias charges following criticism of accent

06/11/2012
Do you have employees who were born and raised in other countries and who therefore speak English with heavy, foreign-sounding accents? If so, be careful how you approach any discussion about their speech. If supervisors or managers criticize workers’ accents, a national-origin discrimination lawsuit may be in your company’s future.