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Discrimination / Harassment

Court: Don’t expect access to past job records

11/25/2011
When a former employee sues, alleging she was terminated because of sex discrimination, the employer often argues that the real reason was poor performance. Don’t expect the court to let you go on a fishing expedition into the employee’s past. As this recent case shows, courts think past performance is no indication of future results.

Document poor attitude, just in case of lawsuit

11/25/2011
Here’s a tip for handling a difficult and argumentative employee. If she tells her supervisors she doesn’t like her job, wants to avoid some tasks and otherwise doesn’t seem interested in progressing, note her lousy attitude.

Do you recommend anti-harassment training?

11/23/2011

Q. Our company is considering anti-harassment training for all employees. Some managers and executive are concerned that this will stir up lawsuits. Do you recommend such training?

Harrisburg-area town mulls sexual orientation protection

11/23/2011
Dauphin County’s Susquehanna Town­­ship is considering an ordinance barring employment and housing discrimination based on sexual orientation or gender identity. If enacted, the suburban Harrisburg township would form a volunteer board to investigate any claims that arise.

EEOC: Brownsville butcher sexually harassed subordinates

11/23/2011
The EEOC is suing Country Fresh Market and Fredericktown Produce for sexual harassment after several women who work there filed complaints against the store’s head butcher.

Is employee being set up to fail? Beware boss’s criticism of ‘soft’ skills

11/23/2011
Discrimination can creep into the workplace, even if on the surface there’s nothing blatantly offensive going on. There are still supervisors who treat subordinates poorly because of race or some other protected characteristic. That’s why HR should exercise caution before authorizing discipline against an employee who is meeting concrete goals like sales figures, but is being criticized for more general problems.

New state law tweaks definition of ‘gender’

11/18/2011
Gov. Jerry Brown signed into law in October legislation clarifying the definition of “gender” in California. The law, AB 887, makes it clear that discrimination on the basis of gender identity and “gender expression” is prohibited.

Sexual harassment settlement costs $462,500 for Irvine firm

11/18/2011
A pool supply company recently agreed to settle a lawsuit brought by the EEOC accusing it of sexual har­ass­ment, retaliation and constructive discharge. Irvine-based Aqua Tri will pay $462,500 to 18 Hispanic workers.

You can survive a harassment lawsuit! Help your cause by acting fast

11/18/2011
Even if a manager says or does something incredibly stupid, you have a chance to fix the situation and avoid losing a sexual harassment lawsuit. That’s true even under Cali­for­nia’s strict rules. Don’t wait to respond to a complaint. When you act, act decisively.

Suit: Marion mining company snubs female applicants

11/16/2011
Marion-based Mach Mining faces charges it has refused to hire women for coal mining positions since it began operating in 2006. According to the EEOC, several well-qualified female applicants have applied for positions at the mine, but none have been hired.