Discrimination / Harassment

Amtrak HR exec decides she won’t be railroaded

01/05/2012

Amtrak will give an HR executive working at Philadelphia’s 30th Street Station a salary boost of almost $16,000 to bring her into parity with what the railroad pays men doing the same job. She will also receive a lump-sum payment of $171,000.

Unhappy employee? Carefully track complaints

01/05/2012

You know this employee—the one who’s never happy and always finds something to complain about. It may be tempting to ignore repeated complaints, but that’s probably a mistake. Carefully document all her gripes. Those records could come in handy later if she files a lawsuit.

Ready to fire worker with poor attitude? Document examples before you deliver pink slip

01/02/2012

If a supervisor believes an employee has such a negative attitude that it warrants firing, do your HR duty! Immediately ask for documentation of the problem. It can’t wait until after the termination occurs. After-the-fact, subjective assessments may not survive a court challenge.

Different pay for men and women? Prepare to explain ‘other than sex’ factors

01/02/2012

The federal Equal Pay Act (EPA) is supposed to ensure that men and women doing the same job aren’t paid differently based on their sex. But employees can’t win EPA lawsuits simply by comparing their rates of pay and job titles. Lots of factors unrelated to gender may influence pay.

The new year means new laws covering veterans hiring, whistle-blowing

12/30/2011

Employers will ring in some new laws in 2012 that will bring new opportunities and challenges, including the VOW to Hire Heroes Act and the Dodd-Frank amendments to the Sarbanes-Oxley Act.

Sticker shock: First ‘accident’ in two years at Georgia plastics plant is a lawsuit

12/29/2011

An employee has sued for religious discimination after he was fired from a plastics plant for refusing to wear a sticker saying 666, noting the number of days the plant has gone accident-free. The employee noted his “sincere religious belief that to wear the number 666 would be to accept the mark of the beast and be condemned to hell.”

Employee just got religion: Must we accommodate?

12/27/2011

Q. Our company requires employees to work on weekends because those are our busiest days. When we hire, we ask applicants about their weekend availability. Now a few employees claim their religious beliefs have changed and they need time off on Saturdays or Sundays to attend church. Can we turn down the requests based on their original applications?

Small businesses: Check to see if you’re too small to be sued

12/26/2011

Here’s an important note for small employers looking to avoid unnecessary hassles and lawsuits: If you receive a complaint from the EEOC or local employment discrimination agency, don’t assume or admit that you have enough employees to be covered by the law. If you have fewer than 15 employees, you could win instant dismissal.

Can we tamp down political discussions?

12/21/2011

Q. The sexual harassment accusations brought against presidential candidate Herman Cain have been generating quite a bit of controversy in our office. What can we do to ensure that our employees do not use these conversations as the basis upon which to bring a sexual harassment claim?

Lovejoy girls hoops coach sues for discrimination