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Discrimination / Harassment

Don’t let bias complaint stop legit discipline

11/07/2011
Here’s an important reminder for HR professionals handling em­­ployee discipline: If the disciplinary process is well under way—and you believe that the proposed discipline is fair, reasonable and based on facts—there’s no need to stop the process just because the employee files an internal discrimination complaint.

Your rules apply–even for employees preparing to sue

11/07/2011
Here’s another reason to have privacy and confidentiality rules: Em­­ployees who violate those rules in order to gather evidence for a lawsuit they have filed can be disciplined.

Prepare for lawsuit if you change hiring criteria in middle of selection process

11/07/2011
Employers, beware! If you ignore your posted job requirements to hire one applicant when another candidate meets all the minimum qualifications, you may find yourself being sued. Courts may conclude that you “pre-rejected” the most qualified candidate.

Check past reviews of all who seek promotion

11/07/2011
When a supervisor already knows who he wants to promote—and has also identified someone he definitely doesn’t want to get the job—he just may concoct a reason to explain his choice. But if that reason doesn’t jibe with the rejected em­­ployee’s past evaluations, trouble lurks.

Lawsuit insurance: Does your policy cover EEOC claims?

11/02/2011
If your organization carries employment practices liability insurance (EPLI), make sure your coverage includes claims made by the EEOC and all other such federal, state and local agencies. As Cracker Barrel learned, an EPLI umbrella policy may actually let in some rain … $2.7 million worth.

Woodbury broker sued for retaliation after bias probe

11/01/2011
The EEOC is suing Woodbury-based insurance broker Sterling and Sterling on behalf of a former employee who says she was fired for cooperating with an EEOC investigation.

EEOC takes a page from Madison Avenue’s playbook

11/01/2011
The EEOC has a new and aggressive tactic to shore up the lawsuits it files against employers accused of violating employee rights: It’s running ads asking workers to come forward with their grievances.

Frivolous lawsuit? You’ll need patience

11/01/2011

This may be tough to accept, but sometimes when an employee sues, you just have to be patient. It’s especially difficult if you know that the employee isn’t telling the truth. The judge hearing the case will probably see through bogus claims.

Isolated, subjective incident doesn’t justify bias lawsuit

11/01/2011
Some employees always have a chip on their shoulders. They interpret every comment as criticism—and then blame work problems on discrimination. Fortunately, not every look, comment or gesture leads to a successful employee lawsuit.

Defying expectations: Why failing to live up to stereotypes won’t make worker’s suit a winner

11/01/2011
A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.