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Discrimination / Harassment

In discipline, it’s the details that matter

09/23/2011

Employees who believe they have been disciplined more severely than co-workers may blame the disparity on some form of discrimination. They may think that their age, sex, national origin or some other protected characteristic is the real reason. Even if you know you haven’t been biased, be prepared for the accusation.

Dollar General to pay $50K to settle harassment lawsuit

09/22/2011
Three former Dollar General em­­ployees will split $50,000 now that the retailer has agreed to settle an EEOC lawsuit that claimed it failed to adequately address sexual har­assment complaints against a male manager who worked at stores in Greensboro and Pleasant Garden.

Terminating pregnant employee? Gather proof you would have done so despite condition

09/22/2011

Some employees think that if they are pregnant, they can’t be fired. While it’s true that firing someone because they are pregnant is illegal, it doesn’t follow that every discharge involving a mother-to-be is discrimination. Be prepared to show legitimate, nonpregnancy-related reasons for your action and you should survive a lawsuit.

Hair triggers religious bias suit against Taco Bell

09/22/2011
A Fayetteville Taco Bell faces discrimination charges after it fired a long-term employee for failing to follow company grooming standards. Christopher Abbey had worked at the restaurant for six years before the length of his hair became an issue. Abbey subscribes to the Nazarite faith, which upholds Old Testament teachings that long hair shows one’s devotion to God.

Treating some minorities well doesn’t excuse bias against others

09/21/2011
By now, every employer understands that Title VII prohibits discriminating against employees because of their race. A recent 7th Circuit case makes clear a subtle but important point about race bias: Employers can’t de­­fend discrimination against some members of a protected class by claiming they don’t discriminate against all members of that class.

Equality also applies to return-to-work situations

09/21/2011
Equal treatment is the rule when dealing with similarly situated employees who quit and then try to return to work, as the following case shows.

Stop harassment lawsuits by requiring bosses to log employees’ performance problems

09/21/2011
Here’s a great reason for insisting that all supervisors document their subordinates’ performance problems: If an employee later claims her manager behaved abusively, good documentation will support any discipline for poor performance. That could block a harassment lawsuit.

Icelandic firm must turn down Chicago harassment heat

09/21/2011
Promens Plastics has agreed to settle an EEOC sexual harassment and discrimination lawsuit stemming from a five-year-old complaint. Four female employees who worked in the plastics-forming company’s Chicago factory will split the $225,000 settlement payment.

Light-duty drudgery isn’t grounds for lawsuit

09/21/2011
If you use light-duty positions to bring injured employees back to work, some of their tasks may end up being fairly characterized as make-work drudgery. That doesn’t mean an employee can successfully sue—as long as in the past all similarly situated employees ended up in the same kinds of positions.

L.A. ‘hostess’ dancers sue for wage violations, harassment

09/20/2011
A group of dancers at a Los Angeles “hostess club” are suing for wage-and-hour violations, claiming the owners of Club 907 also subjected them to “exploitative, substandard and degrading working conditions.”