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Discrimination / Harassment

Use objective measures to make firing decisions

02/01/2012
If you terminate subpar workers, it goes without saying that you must be prepared to show they were, in fact, poor performers. Do so by using objective performance measures. Let the facts and figures speak for themselves.

He said, she said: What if they both did? Trust investigation to reveal harassment truth

02/01/2012
If your sexual harassment policy is comprehensive, any complaint may trigger an investigation that uncovers many violations—perhaps even by the complaining employee. When that happens, the best policy is to let the investigation take its course and document everything. Then discipline everyone who violated the policy.

OK to insist on initial retirement request

02/01/2012
When an employer doesn’t have a set policy on whether an employee can change his mind about retiring, refusing to rescind a retirement request isn’t enough to support a discrimination or retaliation lawsuit.

Stay out of court with consistent discipline

02/01/2012
Employers that punish some em­­ployees more leniently than others for breaking the same rule are asking for trouble. That’s especially true when a lesser offense seems to have warranted especially harsh punishment.

No free attorney if employee has legal skills

01/31/2012
Criminal defendants are entitled to a public defender, but that’s not true for employees trying to sue for discrimination. Courts won’t often pay for legal assistance if the employee can do the work herself.

Court: New promotion test lists aren’t discriminatory

01/31/2012
Employers that compile promotion lists based on test results should tell employees that the lists will be updated periodically.

Feel free to authenticate suspicious documents

01/31/2012
Employers may be suspicious about a prospective worker’s claimed professional credentials or other certifications—especially if it seems like the documents may have been altered or forged. If you have such doubts, don’t hesitate to ask for clarification.

Old slurs don’t make hostile environment today

01/31/2012

Some employees never forget an indignity. Years later, they may sue over something unrelated to the original wrong and try to bring the old offense into the case. That sometimes works if their claim alleges a hostile work environment. But if the hostility stopped years ago, chances are the court won’t consider the old claim.

Fort Worth lumber yard hammered for age bias

01/31/2012
The former general manager of Foxworth-Galbraith Lumber in Fort Worth is suing the company for age discrimination, claiming he was fired at the age of 55 and replaced by a 38-year-old man.

Reverse bias suit heats up La Marque Fire Department

01/31/2012
The former chief of the La Marque Fire Department is suing for race discrimination and retaliation after a series of run-ins with the city manager over alleged harassment within the department.