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Discrimination / Harassment

It’s not enough to require employees to report harassment

04/24/2012

Many employers have handbooks that tell employees they must immediately report any alleged harassment or discrimination. But reporting requirements alone isn’t enough. Employers must police workplaces for harassing or bigoted materials, and act immediately if they find anything.

Don’t ignore seemingly nonsensical complaint

04/24/2012

When an employee can’t find an attorney to take up her case, she may resort to filing a lawsuit herself. Her complaint won’t be professional and may be short on logic. That doesn’t mean you should ignore it.

Supervisor bias creates employer liability: Never ignore charges that boss used racial epithet

04/24/2012
You’re almost guaranteed a messy lawsuit if you ignore an employee’s complaint that a supervisor used a racial epithet. Courts have ruled that even a single use of the N-word can be enough to create a racially hostile work environment when the speaker is a supervisor.

New ADEA regulations final–with little help for employers

04/19/2012
On March 29, the EEOC issued a final rule amending its regulations regarding the “reasonable factors other than age” defense under the Age Discrimination in Employ­­ment Act (ADEA). The final rule will make it more difficult for employers to defend age-bias claims brought under the ADEA.

Harassment + retaliation + defamation = $168 million

04/19/2012
A federal jury in Sacramento unanimously awarded $168 million in damages and lost wages to a physician assistant for various claims lodged against her former employer, Catholic Healthcare West (CHW).

Comment alone won’t support hostile environment claim

04/19/2012

Some employees think all criticism equals harassment—the slightest insult triggers an angry response and a formal complaint. When that happens, investigate the claim. If there’s nothing to it, say so and move on. You may be sued, but chances are the case will quickly be dismissed.

Remove offensive materials, then educate staff

04/19/2012
When sexually offensive signs or pictures appear in the workplace, it’s smart to remove them right away. But getting rid of tasteless material isn’t enough to stop a harassment lawsuit. This case shows that it pays to go one step further by educating employees on harassment.

Stop harassment suits before they start! Follow up with employees after every complaint

04/19/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you won’t tolerate retaliation, and be sure to check back at least once following the investigation.

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.