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Discrimination / Harassment

Hiring preferences OK, not evidence of discrimination

05/24/2012
Not every hiring preference is evidence of discrimination. You can limit the number of applicants by setting parameters—such as considering current employees first.

Court carves out another age-bias class: Employees age 50 and older

05/24/2012
A federal court considering the question for the first time has concluded that workers over a certain age can challenge the disparate impact a reduction in force may have on that age group.

Think you solved harassment problem? Check back to make sure it really worked

05/24/2012

Let’s say one of your employees complains she’s been sexually harassed. If you conclude she may be right, it’s time to come up with an effective remedy. The harassment has to stop. If it doesn’t, it’s almost certain you will be sued. The key is following up with the complaining employee.

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?