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Discrimination / Harassment

Outsourced staff’s race doesn’t prove bias

05/24/2012

Ordinarily, when employees claim their terminations were because of race or other protected characteristics, they try to prove discrimination by showing they were replaced by workers outside their protected class. But if the employer outsourced the work, the racial, sexual or other characteristics of the employees now performing the jobs isn’t relevant.

Patience, careful documentation pay off when disciplining underperforming employees

05/21/2012

Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep care­­ful disciplinary records showing every­thing you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.

Worker loses lawsuit? Track new opportunities

05/18/2012
Many an employee has filed a lawsuit, lost … and found herself still working for the company she sued. Little wonder that she might sense retaliation in every subsequent action that hurts her career. Prepare for that possibility by making it a point to document how her supervisors treat her after her case runs its course.

EEOC publishes state-by-state tally of discrimination charges

05/18/2012
If you’re wondering how the number (and type) of employee discrimination charges in your state compares to the rest of the country, you can now analyze those statistics for the first time in a new database made public this week by the EEOC.

EEOC wins right to talk to former managers

05/16/2012
A court has ruled that the EEOC may speak with former employees without the em­­ployer’s representative present. That gives employers less control over statements by former employees who were privy to company decisions.

The innocent question that could land you in court: When did you graduate?

05/16/2012

Do you ask applicants when they graduated from high school or college or otherwise finished their education? That seemingly innocuous question could trigger an age discrimination lawsuit if an applicant’s graduation year makes it clear he’s 40 or older and you wound up hiring someone younger.

Don’t get burned by ‘cat’s paw’ liability: When employee complains, beware boss retaliation

05/16/2012
In management training, you no doubt tell supervisors that they’re not allowed to punish employees for filing discrimination complaints or testifying in other employees’ cases. But what should you do if—despite your warnings—one of those employees seems to be getting lots of disciplinary warnings?

EEOC pushes forward on Hispanic-bias cases

05/16/2012

When the EEOC declared it was starting an enforcement effort aimed at protecting Hispanic ­workers from harassment and discrimination, smart employers promptly looked at their organizations and corrected any problems. Those that didn’t are now paying the price.

Best defense against harassment complaints: Robust policy and prompt investigations

05/14/2012

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 …

Beware warnings that could limit future pay

05/14/2012

Most HR professionals assume that a warning letter isn’t an adverse employment action and there­­fore can’t be the basis for a lawsuit. And that’s largely true. But if the warning letter also mentions restrictions on how well the employee will be rated at evaluation time, there may be trouble.