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Discrimination / Harassment

Spike in religious, national-origin job bias claims

02/09/2012
For the second year in a row, the EEOC received a record number of employee job discrimination claims (99,947 in 2011). New EEOC figures show that religious and national-origin bias claims saw the biggest increases last year, up 10% and 5%, respectively.

HR’s loose lips can sink your company’s defense

02/07/2012
Sometimes in HR, you know more than you want to know. But as this new court ruling shows, sharing in­­side information with an employee isn’t a smart move … for your em­­ployer or your career.

Can dermatologist tell worker to tone down the tan?

02/06/2012
Q. We’re a dermatology practice and one of our new em­­ployees is excessive with tanning. She has a dark tan and sometimes is sunburned. We promote the opposite of what she does. She also wears tight low-cut tops. Are we allowed to say something in both regards?

Panera Bread gets double helping of bias litigation

02/03/2012
An Ohio Panera Bread franchisee 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.

Quit over offensive graffiti? He can get unemployment

02/03/2012
Here’s another reason to act fast when an employee complains about offensive graffiti in the workplace: He can quit and collect unemployment compensation benefits.

Let ’em know: Post all promotion opportunities

02/03/2012
Here’s an easy fix for a potentially big problem: Post all promotion openings. If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost productivity. It also signals to employees that you value them and encourage equal opportunity.

Pay cut for poor work? Document carefully

02/03/2012
If an employee isn’t working as hard as you expect, reducing his pay might conceivably provide enough of a kick in the pants that he’ll pick up the pace. As long as you carefully document why you are making the pay cut, he won’t win a discrimination case even if his pay puts him at a lower level than others outside his protected class who perform the same job.

Is there a way to ensure sensitive investigation records remain confidential?

02/02/2012
Q. One of our employees has just filed an internal complaint claiming that she has been sexually harassed. We are concerned that if we discipline the alleged harasser based on our findings and note this incident in his personnel file, he may demand to inspect our investigation records. May we avoid this by maintaining a separate investigation file?

Beware defamation claims based on discipline write-ups

02/02/2012

Remind supervisors and managers to stick with verifiable and documented facts when writing up an employee for poor performance, a mistake or other disciplinary matter. That’s because a false write-up could be grounds for a later defamation lawsuit.

How to make ‘one rule’ discipline work

02/01/2012
If you want to streamline your employee manual and disciplinary process, you may be tempted to create one general misconduct rule. It might state, for example, “Violating company policies can result in discipline, up to and including termination.” But before you adopt such a rule, make sure HR is ready to administer it.