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Discrimination / Harassment

Following up: The most important, yet most overlooked, part of HR investigations

09/13/2011

When employees complain about alleged discrimination or harassment, smart HR pros make it a point to check back regularly with the employee who voiced the complaint. Then, they document those conversations and address any problems reported by the employee. This simple step carries two important benefits.

Be prepared to defend retaliation lawsuit if fired worker had ever complained to HR

09/09/2011

Fired employees seeking money (or revenge) often wrack their brains to recall incidents that might justify a sexual harassment or discrimination lawsuit. Suddenly, that casual complaint to HR starts to look like a pretext for their discharge—at least in their minds and their attorneys’. That’s why you should assume that every complaint will become the basis for a lawsuit.

Was accent on no accents at tony Princeton Club?

09/07/2011
New York City’s Princeton Club faces a lawsuit alleging it terminated a long-time employee because of her accent. The employee claims the club fired her after nearly 30 years of service because a new general manager found Hispanic accents “embarrassing.”

Diverse workplaces may spur additional lawsuits

09/07/2011
Employers are discovering that having a diverse workplace may mean more lawsuits. Why? Employees belonging to groups that traditionally haven’t experienced discrimination may find more reasons to sue.

Bloomberg beats EEOC in pregnancy-discrimination class action

09/07/2011
The media empire Bloomberg L.P. has won a huge victory in a case championed by the EEOC. The agency had claimed that Bloomberg discriminated companywide against women who became pregnant and returned to work.

At Jones Beach, fashion foul or was it age discrimination?

09/07/2011
When Long Island’s Jones Beach re­­quired its lifeguards to wear Speedo swimsuits for an annual swimming test in 2007, it chafed 61-year-old Roy Lester in more ways than one. He re­­fused to don the skimpy trunks for his test. The beach patrol fired Lester for in­­subordination.

When hiring, prepare for frivolous lawsuits

09/07/2011

It’s sure to happen: Eventually, a disgruntled applicant or employee seeking promotion will sue you for discrimination in the hiring or promotion process. And that lawsuit may lack any kind of merit. These days, desperate applicants may feel they have nothing to lose by suing. That’s why you should plan ahead.

Beware: PDA protection doesn’t end with birth

09/07/2011

Pregnant women have special protection from discrimination under the Pregnancy Discrimination Act. But many employers don’t realize that PDA protections continue for a period of time after the pregnancy ends. Essentially, anytime you terminate an employee who has recently been pregnant, you risk a PDA lawsuit.

Investigations: How to solve the classic ‘he said/she said’ impasse

09/07/2011
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Texas Roadhouse beats religious bias lawsuit

09/06/2011
When an employee’s religious needs clash with an employer’s scheduling demands, courts often take the worker’s side. But a Nueces County jury recently turned the tables, deciding that the Texas Roadhouse restaurant chain had acted appropriately to accommodate an employee’s request for time off to practice his religion.