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Discrimination / Harassment

Never silence a harassment case by urging complainer to resign

05/02/2012

Sexual harassment victims deserve to have their claims investigated, not ignored. Under no circumstances should you encourage a complaining employee to quit instead of having to endure continued harassment. That’s a sure indication to many juries that the worker was punished for reporting sexual harassment.

In Chicago classroom, teachable moment or racism?

05/01/2012
A white Chicago teacher was suspended for five days after he used the N-word in what he described as a “teachable moment.”

Focus on poor performance when terminating

05/01/2012

Sometimes, it’s obvious that an employee will not work out. If that employee belongs to a protected class, you may be tempted to treat her with kid gloves. Don’t. Instead, keep the focus on performance deficiencies.

Constructive discharge claim requires showing more than hostile work environment

04/30/2012

Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate that poor treatment created a hostile work environment. However, they must also show an additional, aggravating factor …

What’s age bias? EEOC defines ‘reasonable factors’

04/30/2012
A few years ago, the U.S. Supreme Court said employers fighting claims of age discrimination carry the burden of proof to show that their alleged discriminatory decisions were actually based on a “reasonable factor other than age (RFOA),” not discrimination. The EEOC has issued final regulations that clarify RFOAs.

Appeals court: Attorney fines OK to stop frivolous lawsuits

04/27/2012
Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.

Easy way to stop most harassment claims: Respond ASAP when employee first complains

04/27/2012
The key to preventing most har­­assment lawsuits lies in properly handling the situation when you first learn of a problem. A quick and effective response that stops the hostility right away is essential.

Beat bias suits with good business reasons

04/27/2012
It’s critical to base every employment-related decision on sound business reasons. It’s the only way to protect against lawsuits from employees who blame discrimination for every problem at work.

Transgender people are protected under job discrimination law, says EEOC

04/25/2012
In what transgender groups are labeling as an “historic” and “landmark” ruling, the EEOC said on April 20 that job discrimination against an employee or applicant based on the person’s gender identity is unlawful under the the federal job discrimination law …

Pittsburgh YMCA execs allege gender-, race-based pay bias

04/24/2012

Four female executives with the Pittsburgh-area YMCA are suing the nonprofit, claiming they are paid less than their male counterparts and in some cases, even less than their subordinates. The four all say the pay inequities are due to gender, and one contends race bias is a factor.