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Discrimination / Harassment

Can we consider only currently working candidates?

06/28/2011
Q. What restrictions exist on advertising for job vacancies? We are flooded with applications and have considered limiting applications to the currently employed. We worry the unemployed have rusty skills. Can we say we won’t consider hiring unemployed people?

New Jersey’s expanding the window of discrimination liability

06/28/2011
In New Jersey, employees must ordinarily file discrimination claims within two years after the claim arose. But in a series of recent cases, the New Jersey Supreme Court has recognized several exceptions that extend the two-year period in discrimination cases. That’s potentially bad news for employers, because longer filing timelines can make lawsuits harder to defend.

Settlement may mean higher pay for pharma firm’s N.J. women

06/28/2011

Pharmaceutical giant AstraZeneca, has agreed to settle a gender pay discrimination claim, and the con­sent decree that spells out the terms of the settlement could affect New Jersey women who work for the company. Under the settlement, 124 female pharmaceutical sales specialists will split $250,000.

NJLAD only covers employees who work in N.J.

06/28/2011
Good news if you have offices in New Jersey but employees in other states: Employees can’t sue in New Jersey just to gain the expansive protections available under the New Jersey Law Against Discrimination (NJLAD).

Good faith wins court cases! Don’t use investigation to trap employee

06/24/2011

Employers get lots of leeway when it comes to terminating employees. For example, courts generally uphold firing someone for breaking a rule as long as the employer reasonably believed the employee broke the rule—even if it turns out he did not. But when it looks as if the employer tried to trick the employee into breaking a rule, judges won’t look the other way.

Fair harassment investigation can justify firing supervisor

06/24/2011
When investigating supervisor sexual har­assment claims, you must conduct a fair workplace investigation, not a criminal probe. As long as the investigation was fair and the conclusion was reasonable, courts won’t interfere.

When planning layoff, use objective factors

06/24/2011
When deciding who should get the ax during cost-cutting reductions in force, use as many objective factors as possible. For example, use performance measures that include specific achieve­­­ments and rankings based on those achievements.

Settlement may mean higher pay for pharma firm’s N.C. women

06/23/2011

Pharmaceutical giant Astra Zeneca has agreed to settle a gender pay bias claim, and the consent decree that spells out the terms of the settlement could affect North Carolina women who work for the company. Under the settlement, 124 female pharmaceutical sales specialists will split $250,000.

Employee is own lawyer? Don’t ignore the suit

06/23/2011

With more and more lawyers getting selective about the cases they take, em­ployees sometimes have to go it alone. Don’t ignore these pro se cases. Instead, get expert legal assistance. Often, courts will toss out dubious cases rather quickly.

Want to catch harassment? Go looking for it

06/23/2011
More than a decade after the U.S. Supreme Court decided its biggest sexual harassment and hostile work-environment cases, women are still filing and winning sexual harassment lawsuits. Many of them could easily have been prevented had HR and upper-level management taken regular, surprise walks through the factory floor and other work areas.