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Discrimination / Harassment

You don’t always have to terminate harasser

03/22/2012

Sexual harassment runs the gamut, from out-and-out assault to un­­welcome flirting. No sane em­­ployer would hesitate to fire someone who physically harmed a co-worker. But for less severe, isolated incidents, less drastic action may be reasonable—as long as it solves the problem.

Stamp out racially offensive graffiti ASAP

03/22/2012
Some forms of racial intimidation are so offensive that even one incident may be enough to create liability, unlessthe employer acts fast. Racially hostile graffiti is one example. If you don’t take steps to cover it and prevent recurrence, even one offensive tag can mean liability.

When merger looms, focus on evaluations

03/19/2012
HR professionals are often among the first to know that big organizational changes are on the way. If you learn about an upcoming merger, don’t spill the beans, but do diplomatically prod managers to complete all pending performance evaluations.

Government employees have limited privacy rights

03/19/2012
Public employees don’t lose all privacy rights just because they work for the government. But that privacy is subject to limitations.

Anonymous complaint? Investigate to get all details

03/19/2012

If you receive an anonymous complaint about a hostile workplace, launch an investigation right away. That way, if an employee later sues, you can easily compare what he said to the investigator with what he remembers now.

It’s your word against hers: Juries often decide if charges are trumped up

03/19/2012

If you get sued for retaliation by an employee who has previously filed a sexual harassment complaint, a jury will probably be suspicious of any discipline she received after complaining. Unless you can convincingly show the discipline you levied was deserved, a jury will have to decide if it was retaliation or legitimate punishment.

Track what happens to everyone on a PIP

03/19/2012
Here’s a tip if you use performance improvement plans (PIP) before termination. Track what happens to everyone who’s on a PIP. Note those who quit instead of facing discharge.

Air Marshals aren’t biased; they just don’t communicate

03/14/2012
When CNN ran a report in 2010 alleging pervasive bias in the Federal Air Marshal’s Service (FAMS), authorities braced for the worst. The good news: The resulting government investigation didn’t uncover widespread discrimination. The bad news: Investigators found that many FAMS employees believe they have been discriminated against.

Immediate harassment danger? Protect victims

03/14/2012

Sexual harassment is always a serious issue that warrants fast corrective action. In most cases, it’s appropriate to simply separate the alleged harasser and victim while you investigate. But more immediate help may be in order if the harasser and the victim are traveling together or isolated.

Warn bosses: Bias could mean punitive damages

03/14/2012
Warn decision-makers who decide to act on their own, ignoring HR’s guidance: Juries can hold them personally liable for legal missteps—and make them pay punitive damages.