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Discrimination / Harassment

Leave shameful history in the past: Warn bosses against any reference to nooses

12/02/2011
Objects can become powerful symbols. That’s certainly true of nooses, which black Americans see as infamous reminders of a past in which lynchings were relatively common, especially in the South. That’s why you must instruct supervisors and managers: Any reference to hanging, ropes or nooses is absolutely forbidden in the workplace.

Keep consistent records of all disciplinary actions

12/01/2011
You must track all disciplinary actions. That way, you can quickly determine whether your discipline has been equitable.

Documentation is key to winning bias lawsuits–along with clear policies, thorough investigations

12/01/2011

When terminating several em­­ployees at the same time, make sure you have carefully documented the reasons. That’s especially important if the employees share common protected characteristics such as age. You want to be prepared for a lawsuit if they decide the real reason they lost their jobs was their protected characteristic.

Discipline OK for stonewalling investigation

12/01/2011

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

Shared password rouses firing, lawsuit against TIAA-CREF

11/30/2011
A Texas employee of TIAA-CREF is suing the retirement fund giant after she was fired for allegedly sharing her computer password with a co-worker. In June 2011, she resigned to avoid being fired for the offense.

Harassment: How to stop it before–and after–it starts

11/30/2011
Protect your organization from harassment lawsuits by focusing your attention on both preventive and corrective measures. Give every employee a copy of your anti-harassment policy. Train everyone to ensure they understand their rights and responsibilities.

Supervisor harassment? You can force arbitration

11/30/2011
Employers can use an arbitration clause to compel arbitration of al­­most all employment-related problems, including supervisor sexual harassment. That can limit the chance of a huge jury award.

Only one bite at the apple when it comes to bias cases

11/30/2011
A Texas court has headed off an employee’s attempt to sue twice for the same discrimination claim—once in federal court and again in Texas.

Court: Punishment for helping outsider file harassment complaint isn’t retaliation

11/30/2011
The U.S. Supreme Court’s Thompson v. North American Stain­­less decision said that it was illegal retaliation to punish the fiancé of someone who had complained about sexual harassment. But what about punishing an em­­­­­­ployee because an outsider has filed sexual harassment charges? Accord­­ing to a recent decision, that isn’t illegal under Title VII.

Don’t tolerate insubordination, rudeness

11/30/2011

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.