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Discrimination / Harassment

Take same-sex harassment claims seriously

06/08/2012
According to a recent 2nd Circuit Court of Appeals decision, what one woman considers an innocent brush may be construed by the other woman as intentional same-sex harassment—and juries are best equipped to sort out who is right.

Track discipline for equitable punishment

06/08/2012

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

EEOC sets stage for Title VII protection of transgender workers

06/04/2012
Citing the U.S. Supreme Court’s decision in Oncale v. Sun­­downer, the EEOC has now stated that it believes Title VII prohibits workplace discrimination against transgender people—those whose gender identity or gender expression differs from the sex they were assigned at birth.

Ohio EEOC claims fell in 2011

06/04/2012
Ohio employees filed 313 fewer EEOC discrimination charges last year than in 2010, according to data the commission just released.

Offering disability benefits isn’t admitting disability

06/04/2012
Offering disability benefits to an employee doesn’t prevent an em­­ployer from later contending that the employee is not actually disabled.

Angry employee announces, ‘I quit!’? Tell him you accept his resignation

06/04/2012

Adjusting to a new supervisor can be hard, especially if work assignments are changing at the same time. It can start to feel like a conspiracy to some employees. If sufficiently frustrated, the employee may quit in a huff. Sometimes, your best bet is to accept that resignation.

Employees fighting? Sort out facts, punish accordingly

06/01/2012
Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.

When employees are bilingual, it’s OK to require use of English in the workplace

05/31/2012

Employers can typically require em­­ployees to speak English when interacting with customers and clients, as long as the employer enforces the rule across the board. What you can’t do: Allow some employees to use one foreign language but punish others for using a third language.

Back ‘gut’ decisions with objective criteria

05/30/2012

Most managers want to choose the best candidate for the job. But assessing what constitutes “best” can often feel a bit subjective. That’s OK. Just make sure you can point to some objective factor that backs up your choice.

EEOC’s new guidance on criminal background checks

05/30/2012
Earlier this year, the EEOC issued up­­dated guidance on how employers should use arrest and con­­viction records when making hiring decisions. If you use criminal background checks to screen applicants and employees, this affects you! Fact: Checks that were once routine are now under the gun.