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Discrimination / Harassment

Vague report of name-calling doesn’t make you liable

12/14/2011

Employers must respond promptly to allegations that employee misbehavior is creating a racially, sexually or otherwise hostile work environment. But what if all an employee only complains about is unspecified name calling?

Court to lawyers: No, you can’t just copy an old lawsuit and expect to win

12/14/2011
In a case that shows there is justice for employers, a federal court has dismissed a discrimination complaint because the employee’s attorney literally copied the allegations from another case in another state against a different employer.

Minnesota agencies settle retirees’ age-bias lawsuit

12/14/2011
The Minnesota departments of Natural Resources, Commerce and Public Safety have settled EEOC age discrimination charges that resulted from early retirement packages offered to senior state employees.

Worker is her own lawyer? Take suit seriously

12/14/2011
When employees can’t find an attorney to handle their em­­ployment discrimination claims, they sometimes go it alone, filing their own EEOC complaints and then moving on to federal court. Even if so-called pro se litigants pre­sent confusing and seemingly contradictory cases, chances are a federal judge will expect the em­­ployer to respond.

Your dollars at risk: Protect yourself from personal liability

12/13/2011
HR pros spend a lot of their time ensuring that their companies comply with the law so they don’t wind up in court and lose big bucks to a jury verdict. But more and more, they find themselves defending not their employers’ bottom lines, but their own bank accounts. Here’s how to protect your personal funds.

Asian food vendor in hot water over hiring practices

12/13/2011
The Nishimoto Trading Co., which sells Asian foods to various defense department facilities, has agreed to pay $400,000 in back wages to women who alleged the company illegally refused to hire them. Nishimoto operates a facility in Miramar.

Don’t fear legit discipline after employee complains

12/13/2011

Some employees try to use an EEOC complaint as a shield against criticism and discipline. They hope their employer will think twice before disciplining them for fear of a retaliation suit. Yes, a lawsuit is possible. That doesn’t mean you can ignore poor work.

Beware schedule changes that lower pay! They could trigger discrimination lawsuits

12/13/2011
When an employee’s workload is reduced and her pay declines because she’s working fewer hours, she may be able to sue. The pay reduction qualifies as an adverse action, which can trigger litigation.

The easy way to stop most bias lawsuits: Enforce all rules evenhandedly

12/13/2011
It’s impossible to know if a termination will lead a former employee to sue for discrimination. That’s why it’s crucial to enforce all your rules equitably. You don’t want an employee to be able to say that someone else broke the same rule without receiving harsh punishment.

Use formal application processes to ward off failure-to-hire/promote lawsuits

12/13/2011
You might assume that, before suing for failure to hire, job seekers and employees going for promotions would have to actually apply for the jobs they didn’t get. Unless your company has a robust, easy-to-use posting and application process, you could be wrong.