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Discrimination / Harassment

Know the difference: Race discrimination isn’t the same as national-origin discrimination

04/19/2012

Not all discrimination cases are created equal. For example, race discrimination is prohibited by two laws: Title VII of the Civil Rights Act of 1964 and a much older statute called Section 1981. Enacted following the Civil War, Section 1981 bans discrimination based on race in contracting. It gives employees claiming race discrimination one more way to sue.

Be prepared to explain why women earn less than men doing the same work

04/19/2012
If you pay women and men different rates for the doing the same work, you had better have a good reason—one that can stand up in court. Otherwise, you’ll probably wind up on the losing end of an Equal Pay Act (EPA) lawsuit.

Bias against German cop costs Chicago $30,000

04/19/2012
The city of Chicago must pay one of its police officers $30,000 after a jury found the Chicago Police Department tolerated discrimination by a police sergeant.

Make sure employees know how to complain

04/16/2012
One of the only ways to protect your company from hostile work environment lawsuits is to provide a way for employees to complain. Then investigate the allegations.

Punish bosses who don’t report harassment

04/16/2012
Before you can fix a problem like offensive graffiti in the workplace, you have to know it exists. Short of conducting spot inspections, the only way you will know what’s going on away from headquarters and in the trenches is from employee and supervisor complaints.

Beat bias lawsuits with cold, hard facts

04/16/2012
Employers that are prepared to offer cold, hard facts to de­­fend their decisions—even those that may look suspicious at first glance—rarely lose lawsuits. The more objective the business reasons you have for personnel decisions, the better off you are.

Safety trumps bias claim in case of ‘no skirts’ rule

04/16/2012
One of the few times you can overrule an employee’s religious accommodation requests is when safety is involved, as the following case shows.

EEOC defines ‘reasonable factors other than age’ in age discrimination cases

04/12/2012

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,” or RFOA, not discrimination. Last month, the EEOC issued final regulations that clarify—using a nonexhaustive list of “other than age” factors—what would legally qualify as a legitimate RFOA in age-bias cases. This new EEOC Q&A document explains the new rules… 

Former employee of music publisher sings to EEOC

04/12/2012
Winona-based Hal Leonard Publishing Co. has settled a sexual harassment class action suit with the EEOC. The music publisher will pay $150,000 to a class of women who claim they had to endure unwanted grabbing, squeezing and sexual innuendo.

Management’s independent review trumps supervisor’s hidden discrimination

04/12/2012
When upper management rubber-stamps an employment decision made by a supervisor who discriminates, the employer is liable for the discrimination. But if higher-ups independently review the situation before ratifying the decision, the employer isn’t bound by its discriminating subordinate’s wrongdoing.