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Discrimination / Harassment

Audit hiring patterns to spot hidden age bias

02/22/2012

When employers choose the youngest candidate for a job, older candidates may suspect age bias played a role. That could mean a lawsuit is looming. If a disappointed applicant sues, it won’t help the employer that the overall candidate pool included many older applicants. What matters is who was selected.

Older worker’s pay maxed out? That’s not bias

02/21/2012
If your company has established top pay levels for each job classification, you probably end up giving some long-tenured (and, therefore older) em­­ployees smaller raises than less-experienced employees. But those older workers won’t be able to successfully claim age discrimination, as long as you can explain that the pay difference is due to your clearly documented wage schedules.

Jackson Park Hospital settles job segregation claim

02/15/2012
A group of 11 black women who worked for South Side Chicago’s Jack­­son Park Hospital will split $80,000, now that the EEOC has brokered an agreement to settle charges that the hospital shunted the women into specific jobs because of their race.

Sears pays $100,000 to end discrimination lawsuit

02/15/2012
Sears, Roebuck & Co. has settled an age, race and gender discrimination complaint filed by a former employee in Oklahoma City.

Make sure you can justify salary differences

02/15/2012

These days, employees are getting braver about discussing their pay. Part of the reason is that the National Labor Relations Board has done a good job publicizing its stance that discussing pay is concerted activity protected by law. Be prepared for the inevitable lawsuits with solid reasons for all pay decisions.

More than just paper: Sexual harassment policy won’t work without supervisor training

02/15/2012
Employers can create all the anti-harassment policies they want and still end up liable for sexual har­­ass­­ment. The key to a successful policy is action. The policy must work. And the policy won’t work if supervisors ignore it or aren’t trained how to implement it.

Policies are key to handling workplace romance

02/14/2012
Romance may be in the air at your workplace this Valentine’s Day. A 2011 survey by CareerBuilder.com found that 40% of those polled said they have dated a co-worker. But while Cupid shoots arrows, workplace romances often blow up in a liability minefield.

Second race charge rises for Panera

02/13/2012
A company that operates Panera Bread stores in Florida faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive from the store’s owner.

Post promotion opportunities to avoid needless litigation

02/13/2012
Here’s a good way to cut your litigation risk: Make sure you post all promotion opportunities along with the minimum job requirements. That way, employees can’t sue over lost opportunities for which they failed to apply.

Timing is everything when it comes to workplace romances gone bad and terminations

02/13/2012

When you terminate an emp­loyee for a good, obvious and well-documented reason, you seldom have to worry about a surprise harassment complaint. Former employees file them fairly frequently, but courts tend to view them with suspicion. The obvious question: Why didn’t the employee complain about harassment before?