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Discrimination / Harassment

Jewish home fires Seventh Day Adventist for observing Sabbath

08/08/2011
File this one under “Hard to believe, but true.” A Boca Raton nursing home called Menorah House has fired a certified nursing assistant because she insisted on observing her religion’s Sabbath. She filed a complaint with the EEOC claiming she had been fired in violation of Title VII of the Civil Rights Act.

EEOC’s bias decision doesn’t bind federal court

08/08/2011
It’s not the end of the world if you receive an EEOC decision that says your organization discriminated against an employee. The decision isn’t binding and courts often don’t grant much weight to such a determination.

Legitimate business reasons for decision? Feel free to fire employee who has complained

08/08/2011

Here’s a situation that many HR professionals dread: An employee complains about discrimination and you fix the problem. Then there are workplace changes and it looks as if the employee will lose her job. Should you worry about retaliation? Not so much that you start treating the employee with kid gloves.

Tell supervisors: It’s OK to criticize–even if employee has filed EEOC complaint

08/08/2011

Some employees think filing an EEOC complaint insulates them from any kind of negative action at work. They’re wrong. Employers are free to treat an employee who has complained just as they would any other employee. You can continue to invoke your usual management practices, including pointing out errors and criticizing work if the facts warrant it.

Are your employees equal-opportunity offenders? Be sure your discipline is just as colorblind

08/08/2011
Employers must make sure they hand out similar punishment for similar misconduct, regardless of the race of the employee—or any publicity that might surround the case.

Beware! Single age comment might mean lawsuit

08/08/2011
Prevention is usually better than the cure, especially when litigation is concerned. Having to defend a lawsuit is expensive and disruptive, even if a judge tosses it out fairly quickly.

Work environment: There’s ugly and then there’s biased

08/08/2011
Some employees think employers must make sure nothing unpleasant happens at work. By cloaking workplace annoyances in the mantle of sex, age, race or some other form of discrimination, the employee may believe he has grounds for a lawsuit. But if you investigate the complaint and find no evidence of a hostile work environment, you don’t have to do anything.

When workers and bosses trade ­accusations, prepare to sort out retaliation claims

08/08/2011

Here’s a unique spin on a retaliation claim: An employee files an internal complaint alleging his supervisor is discriminating against him. Then the supervisor files his own internal complaint against the employee. Is that retaliation? Not according to the court in this case.

HR law 101: Always follow up with employee who has filed internal discrimination complaint

08/08/2011
Smart HR pros make it a point to check back regularly with employees who complain about alleged discrimination. They document those conversations and address any problems the employee reports, such as claims supervisors are blocking promotions or other opportunities.

EEOC backs bias suit against Wood County government

08/08/2011
A woman who claims the Wood County Sheriff’s Office rescinded a job offer is suing the county, alleging it discriminated against her because of her age and disability.