Discrimination / Harassment

When employees are bilingual, it’s OK to require use of English in the workplace

05/03/2012

Employers can require employees to speak English at work, as long as they enforce the rule across the board. What they can’t do: Allow some employees to use one foreign language but punish others for using a third language.

Ensure training doesn’t foster discrimination

05/03/2012

If you have an internal training program designed to help employees advance their careers, make sure that it doesn’t unintentionally spur sex or other discrimination lawsuits.

When sexual harassment accusations fly, investigate and discipline right away

05/02/2012

Here’s a lesson learned from an employer that responded correctly when an employee complained about sexual harassment. Not only did it conduct a thorough investigation that helped it win a lawsuit, but it also prevented another potential sexual harassment claim when it discovered even more egregious behavior—from the original complainant himself.

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