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Discrimination / Harassment

Thwart retaliation claims by documenting your rationale for handling of original complaint

03/08/2012
The fastest growing category of discrimination complaints is retaliation. The reason is simple: They are easier to win than underlying discrimination cases. All an employee has to prove is that his employer punished him in a way that would dissuade a reasonable employee from complaining in the first place. Be prepared.

Borderline harassment worry? Take it seriously before it escalates into a lawsuit

03/08/2012
There’s a fine line between horsing around and true sexual har­­ass­­ment. But if you ignore that line—or guess wrong about whether a supervisor has crossed the line—you may find yourself at the mercy of a jury.

Stop unpleasantness from becoming harassment

03/08/2012
When a work environment be­­comes toxic, employees may argue, call each other names and otherwise make work life miserable for others. Soon, it could degenerate into bullying. Let that continue, and you could be risking a lawsuit.

Survive EEOC crackdown on background checks, leave policies

03/08/2012
The EEOC received a record 99,947 charges in 2011. Given this sharp increase in charge activity, now’s a good time to review your personnel policies. Consider two EEOC enforcement trends: scrutiny of background checks and inflexible leave policies.

Know your legal responsibilities for preventing retaliation

03/05/2012
Employers can minimize retaliation complaints by having fair policies and procedures governing employee discipline. Even in cases of egregious behavior, a suspension while the employer sorts out the facts may be the best approach. Supervisor training is key to stemming national origin, disability and religious discrimination complaints.

Required lactation breaks: How employers should comply

03/05/2012
The Affordable Care Act health care reform law requires employers to provide space for ­mothers to lactate. According to the latest available statistics, the DOL has cited a whopping 23 companies for failing to comply. What do the statistics mean? Either the lactation mandate is not yet widely known, but complaints (and citations) will rise as public knowledge catches up with the law’s requirements; or the lack of lactation space in American workplaces is a myth that never needed a legislative solution.

Two Ohio cases will test ‘ministerial exception”

03/05/2012
The U.S. Supreme Court’s decision earlier this year to uphold the “ministerial exception” that exempts religious institutions from having to comply with some employment laws has cleared the way for two lawsuits against the Archdiocese of Cincinnati.

Reorg? Treat staffing decisions like hiring

03/05/2012

After companies merge, there are often too many employees for the remaining available positions. That’s especially true when the new entity also reorganizes operations. Some employees will wind up on the chopping block. Be careful how you choose termination candidates. The best approach is to treat the decision like a hiring or promotion.

Boss has ‘history’? Investigate independently

03/01/2012

When you have to investigate allegations that may lead to termination, it’s a good practice to conduct that investigation as independently as possible. That often means you will have to leave out of the picture any supervisors who have a negative history with the employee.

Problem employee both brash and unskilled? Focus on performance issues when disciplining

03/01/2012
Where should you focus if an employee is both difficult to get along with and doesn’t perform as well as she should? It’s actually an easy call. Avoid a potentially successful lawsuit by focusing on poor performance rather than demeanor or other subjective problems.