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Discrimination / Harassment

Watch out if your reorg affects only one worker

03/23/2012
If you terminate a current employee during a reorganization process and then hire someone outside the terminated worker’s protected class, you can count on a lawsuit that will go to trial.

Beware new grounds for wrongful-firing suits: Termination in violation of public policy

03/23/2012
Employees and their lawyers are always looking for new reasons to sue. Lately, there’s been an in­­crease in efforts to cast terminations as public-policy violations.

Stay ahead of EEOC complaint calendar by documenting when employee learns he’ll lose job

03/23/2012

Employees who think they have been wrongly fired face tight deadlines for complaining about discrimination. In North Carolina, they have just 180 days to file an EEOC complaint. What’s more, the clock starts ticking the day the employee learns he is informed he will no longer have a job, not from the last day on the job.

Looking for a quick end to harassment case? Never urge the complaining employee to resign

03/23/2012

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.

Don’t let disability excuse worker misconduct

03/23/2012

Disabled employees sometimes try to use their medical conditions as an excuse for poor behavior. Don’t fall for it. Disability can’t be used to avoid discipline for misconduct.

How does Illinois’ civil union law interact with federal discrimination laws?

03/22/2012
Q. How does the Illinois Religious Freedom Pro­tec­­tion and Civil Union Act affect an employer’s obligations under federal law?

EEOC targets last-chance deals that limit employee rights

03/22/2012
The EEOC has won the first round in a legal battle over whether an em­­ployer may ask workers to waive their rights to file future discrimination claims.

Employee is his own lawyer? Take case seriously, anyway

03/22/2012

If one of your employees sues you and acts as his own attorney, treat the case just as seriously as you would any other lawsuit. Courts have to follow through with the legal process, including reviewing the employer’s evidence.

No application on file, no failure-to-hire claim

03/22/2012

People who want a job must actually apply for it before they can allege they weren’t hired for discriminatory reasons. It’s easy to prove someone didn’t apply. Simply post job openings and retain all applications.

Having anti-harassment policy isn’t enough: You had better be prepared to enforce it, too

03/22/2012

It’s not enough to have an anti-harassment and discrimination policy in your manual. It’s not even enough to train everyone regularly on what the policy requires. What really counts is enforcing the policy when complaints come in. If you don’t, the penalty may be punitive damages.