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Discrimination / Harassment

Keep meticulous employee performance records

08/26/2011
Face it: One of these days, a disgruntled former employee will sue your organization. You can’t predict which one—or for what reason. That’s one of the most important reasons to keep detailed and meticu­­lous records on employee performance.

Trust your fair policies: they’ll prevail in court

08/26/2011

It’s a simple fact: You can’t tell which of your employees might sue you one day or for what reason. Your only real protection is fairness. If you treat all employees equally and provide them with the same opportunities, training and discipline, chances are any lawsuit will eventually be dismissed.

Put brakes on discipline when allegations of supervisor harassment seem credible

08/26/2011
It would be naïve to think your organization’s supervisors would never sexually harass subordinates. Here’s what to do when an em­­ployee complains she’s being sexually har­­­­assed. Make sure you investigate thoroughly. Don’t approve any discipline recommended by the same supervisor until you have had a chance to verify or disprove the allegations.

What is Philadelphia’s law on requesting info on applicants’ criminal records?

08/23/2011
Q. Our company has an office in Philadelphia. Can we ask about an applicant’s criminal and arrest record when recruiting employees to work there?

New Jersey Supreme Court expands damages for whistle-blowers

08/23/2011
The New Jersey Supreme Court has just made it easier for whistle-blowers to recover back-pay damages. In Donelson v. DuPont Chambers Works, the state’s highest court expanded the definition of “adverse employment action” and held that an employee can recover lost wages if the employer’s retaliation caused a disability that made the employee unable to continue working.

State settles with feds over police promotion tests

08/23/2011

The New Jersey Civil Service Com­­mission has settled a complaint with the U.S. Department of Justice concerning its promotion practices for police sergeants. The DOJ alleged the state’s method of scoring and using written examinations had a disparate impact on black and Hispanic officers in violation of Title VII.

Princeton cop wins $525K retaliation judgment

08/23/2011

A Mercer County Superior Court jury has awarded a former Princeton police officer $450,000 in compensatory damages—plus $75,000 in punitive damages—after it decided the borough retaliated against him for filing a civil rights complaint. Princeton officials say they will appeal the jury’s decision.

Don’t bury disabled with work while letting others slide

08/23/2011
Re­­mind supervisors: If they pile on the work for disabled employees but not everyone else, there’s probably a disability discrimination lawsuit brewing.

Common sense prevails: Simply belonging to protected class doesn’t justify bias lawsuit

08/23/2011
Good news if you have ever worried about a lawsuit from an employee who was passed over for a promotion in favor of someone outside the employee’s protected class. While it’s impossible to guarantee you will never be sued, courts generally look favorably on properly run, fair hiring and promotion processes.

Experience isn’t the only valid job qualification

08/23/2011

The job candidate with the most experience might also be the oldest applicant. But that doesn’t mean you always have to pick him. You can use other factors as long as none of them hints at age discrimination. The key is to maintain impeccable records showing how and why you chose the candidate you did.