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Discrimination / Harassment

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.

More Floridians filed EEOC complaints last year

06/11/2012
Floridians filed 307 more discrimination complaints with the EEOC in fiscal year 2011 than they did in 2010. The greatest number of Florida complaints—3,231 in all—alleged retaliation.

Beat bias charges by documenting specific reasons for the discipline you choose

06/11/2012

All employees are supposed to be treated equitably, regardless of their protected class. But just as each employee is different, so may discipline sometimes differ. To account for those differences, be very specific about the underlying reasons for your discipline.

How to stop harassment suits before they start

06/10/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you don’t tolerate retaliation, and be sure to check back at least once following the investigation.

New scrutiny may change the way employers access social media

06/08/2012
Before you plunge into cyberspace in search of information on applicants (or current employees), understand the legal implications. Employers’ efforts to access employees’ and applicants’ private social media websites have re­­cently been subject to increased scrutiny by New York and federal legislators.

New Yorkers’ EEOC claims fell–just slightly–in 2011

06/08/2012
New Yorkers filed 3,802 discrimination claims with the EEOC in fiscal year 2011, two fewer than the year before, according to data the commission just released.

Beware! Off-duty harassment may still be your problem

06/08/2012
Sometimes, sexual harassment happens after hours, not in the work­­place. But if there’s a sufficient connection to work, employers may still be liable.

Court: No free lawyer unless case has real merit

06/08/2012
There is no constitutional right to a free attorney in employment dis­­crimination cases. Unless a so-called pro se litigant can show the court that his claim clearly has merit, he’ll have to serve as his own lawyer.

Crack down on supervisor harassment with tough policy, prompt corrective action

06/08/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy and a commitment to promptly investigate harassment allegations.