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Discrimination / Harassment

Take control of your internal complaint process

10/18/2011
Employees can’t be punished for reporting alleged discrimination. That would be retaliation. But with­­in reasonable limits, managers have the right to tell employees how to report alleged discrimination.

Personality clash or hostile work environment? It depends on hypothetical ‘reasonable person’

10/17/2011

Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.

Muslim DA’s bias suit against Youngstown moves on

10/12/2011
A federal judge has refused to dismiss a Youngstown prosecutor’s religious discrimination suit against the city. Basil Ally complained to the Ohio Civil Rights Commission and then sued, alleging he had been discriminated against because of his Muslim faith. His lawsuit claims co-workers sometimes teased him, suggesting that he was connected to Islamic terrorists.

Minor concentration problems don’t count as disabilities

10/12/2011
In today’s world of work, lots of em­­ployees experience stress, which sometimes manifests itself in panic or anxiety attacks or problems concentrating. But that does not mean the employee is disabled.

Keep close tabs on your head count: Volunteers may be ’employees’ under Title VII

10/12/2011
Don’t think you have enough employees to be covered by Title VII’s anti-discrimination provisions or other laws? If volunteers help your organization accomplish its work and you don’t count them, think again.

Track promotion applications to check for bias

10/12/2011
You can’t be sure there’s no hidden bias in your promotion process unless you check. Conduct your own informal investigation so you’ll be prepared for possible litigation. That way, if you find a problem, you can fix it before things get out of hand.

Ensure that arbitration agreements are clear

10/12/2011

Employers may be sold on the advantages of arbitration over litigation and want to give the proc­ess a try. But if they don’t do it just right, chances are they’ll end up spending more time and money. That’s because employees may go to court to challenge an employer’s right to arbitration, adding what amounts to a second lawsuit to the underlying complaint.

What are the pitfalls of conducting background investigations on job applicants?

10/12/2011
Q. We use an outside company to conduct criminal background checks on applicants. The company asked us if we were interested in having it conduct searches on applicants’ past civil claims. Is that something we should do?

Employee gets second chance to prove EEOC complaint

10/12/2011
Didn’t receive a copy of an EEOC complaint within 300 days of when you discharged an employee? Ordi­­narily, that would mean you could rest easy, knowing that no lawsuit could arise. But that’s not always the case.

Saving grace: Hostile environment in one area can’t prove discrimination companywide

10/12/2011
Here’s a small measure of comfort if your company is caught in a hostile environment scandal involving a single division or facility: Employees who sue for discrimination in other departments, divisions or locations can’t use those cases against you in court unless they were directly affected by that particular hostile environment.