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Discrimination / Harassment

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A woman who claims the Wood County Sheriff’s Office rescinded a job offer is suing the county, alleging it discriminated against her because of her age and disability.

Better pay, longer hours? Beware pay bias suit

08/08/2011
Here’s a scary hypothetical: A female exempt employee comes into HR to complain about sex discrimination and pay bias. She tells you she works for a male supervisor; two men hold the same position she does. Her hourly rate based on a 40-hour workweek is higher than either of the men’s. But she argues that her supervisor makes her work longer hours. She says that’s pay discrimination. What do you tell her?

Knowingly hired older worker? Don’t fear age bias lawsuit

08/08/2011
Employers that willingly hire older employees and later discharge them are unlikely to lose if they later face an age discrimination suit.

Inadvertent segregation? Be able to explain why

08/08/2011
Here’s a caution about workplace logistics such as office assignments, work schedules and other supervisor actions that members of a particular protected class could view as hostile: If the result is any kind of workforce “segregation,” make sure you have a good underlying business reason that has nothing to do with race, sex, etc.

Ban class actions in arbitration agreements

08/08/2011

If your arbitration agreement is more than a year old, chances are it needs updating. That’s especially true if the contract doesn’t specifically ban class-action arbitrations. As a recent 2nd Circuit Court of Appeals decision shows, leaving out that prohibition could prompt an arbi­trator to treat one employee’s complaint as a class action covering many employees.

3 million reasons not to ‘get revenge’ on complaining worker

08/04/2011

Do your supervisors know it’s illegal to lash out at or get revenge on em­­ployees who voice legal complaints? While race discrimination has historically been the most popular employee discrimination claim with the EEOC, retaliation took over the top spot last year. A recent $3 million jury verdict shows how America is becoming Retaliation Nation.

Can your workplace withstand EEOC scrutiny? Run a self-audit

08/03/2011
The EEOC has an inde­pendent right to investigate discrimination claims and can expand investigations well beyond any initial complaint. For that reason, it’s important to pro­­actively look for inadvertent discrimination in all your hiring and em­­ployment practices. Don’t wait for the EEOC or a state anti-bias agency to come snooping around.

Must we make employees available to EEOC investigators?

08/01/2011
Q. A former employee recently filed an EEOC complaint against our company alleging race discrimination. As part of its investigation, the agency will be coming to our offices to interview employees. Do I have to make the employees available? As the HR director, should I sit in on the employee interviews?