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Discrimination / Harassment

How to ward off some class-action pay-bias suits: Grant managers limited discretion to set pay

01/27/2012

Do your managers have limited discretion in setting pay? If so, you may have a built-in way to prevent large class-action lawsuits over equal pay. It’s all because of last summer’s big Supreme Court decision in Wal-Mart, Inc. v. Dukes.

Take notes on all reference-check calls

01/27/2012

Sometimes, it’s a close call to decide who will be the best fit for a job or promotion. There may be several candidates with the relevant education, training and experience. If that’s the case, the decision may come down to who has the best “soft” skills—subjective qualities indicating a good fit. Checking applicants’ references can break that tie.

May we ask applicants about their religion?

01/25/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

What should we do? The law and our union rules are on a collision course over harassment

01/25/2012
Q. Our union agreement says we must give 48 hours’ notice before dismissing a regular employee. But we have proof that two employees have been har­­assing—and continue to harass—black and gay em­­ployees. In fact, their har­ass­ment just caused us to lose a good em­­ployee who couldn’t take it any ­longer. What trumps what?

Gov’t agencies: Time to rethink residency requirements?

01/25/2012
Many government agencies require applicants to live in the jurisdictions they will serve. There may be good reasons, too—like wanting public servants to understand the communities where they work or making sure they are available quickly in an emergency. That doesn’t mean those reasons won’t be challenged.

Consider having a witness to employee meetings

01/25/2012
When it comes to litigation, who said what is often the crux of the matter. That’s why it’s important to have a witness during any meeting involving bias complaints.

Beware making sudden changes in working conditions after employee announces pregnancy

01/25/2012
If a pregnant employee hears anything other than “Congratulations!” when she shares the news, she may get suspicious. And things will really get messy if the employee suddenly finds herself contending with schedule changes and comments indicating her pregnancy isn’t exactly welcome news.

Pennsylvania Human Relations Act doesn’t protect nonemployees from sexual harassment

01/25/2012

The Pennsylvania Human Rela­­tions Act makes it illegal for employers to subject employees to sexual harassment. But what if an employee harasses someone who does not work for the company? Does that make the em­­ployer liable? One court says no.

Big Pepsi settlement shows background check peril

01/25/2012
Pepsi Beverages will pay $3.1 million to resolve EEOC charges that it discriminated against minorities when it refused to hire applicants with arrest records.

It’s OK to discipline employees for stonewalling HR investigations

01/24/2012

Sexual harassment allegations often come down to he said/she said arguments. Without hearing from both sides, there’s no way to determine what happened. If one of the employees involved in the allegations won’t talk, you can discipline him for refusing to co­­operate and the courts will back you up.