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Discrimination / Harassment

Rank, privilege won’t protect predatory harasser

07/06/2011
People in positions of authority sometimes get away with behaving badly. But when the authority figure is a com­pany owner who harasses and assaults a vulnerable employee, you can expect a court to come down hard on the offender.

Sued for bias? Prepare to hand over personnel files

07/06/2011
Personnel records contain information that’s prime material in any employment discrimination lawsuit. An employee who alleges discrimination is entitled to see how she compares with other similarly situated employees, and can do that by reviewing relevant personnel files.

When employee’s partner has difficult pregnancy, be prepared to offer ADA accommodations

07/06/2011
Here’s a novel legal theory of disability law that may spell trouble for some employers: Criticizing and punishing a worker whose partner is experiencing a complicated, disabling pregnancy may be association discrimination under the ADA.

Follow up regularly after bias complaint

07/06/2011

There’s no set standard for the amount of time that must pass between a discrimination complaint and an adverse employment action for it to qualify as retaliation. In fact, federal judges hearing retaliation claims have wide discretion in determining whether something may be retaliation based on timing alone. To be safe, periodically follow up with employees who have complained about bias.

Can you vary pay based on location, duties?

07/05/2011
When employees start grumbling about pay, they’ll sometimes look far afield to find a grievance they can latch onto. Next thing you know, you’re facing a pay discrimination lawsuit. What does federal law say about pay systems based on geographic differences and varying duties?

The HR I.Q. Test: July ’11

07/05/2011
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.

Make sure your harassment ‘cure’ doesn’t make the condition worse

07/04/2011

Employers have an obligation to stop illegal harassment as quickly as possible. But don’t jump right on the first apparent solution—it may not be the best way to go. If your proposed fix actually makes things worse for the victim—in terms of pay, perks or working conditions—you’ll raise your liability risks to the roof.

What’s in a name? Maybe discrimination

07/01/2011
Résumés with common names are more likely to receive callbacks than those with Russian and African-American names, according to a study in the Journal of Managerial Psychology. Evaluating candidates based on name could trigger claims of race bias or national-origin discrimination.

Court lets employer ask EEOC about credit checks

06/30/2011
In an unusual twist, a federal trial court considering an Ohio case has permitted an employer being sued by the EEOC to ask pointed questions about the EEOC’s own hiring practices.

Court: Lawsuit over anti-gay harassment won’t fly because Title VII doesn’t cover it

06/30/2011
An employee who claimed a hostile work environment after co-workers harassed him for being gay has lost his lawsuit because Title VII of the Civil Rights Act does not include anti-gay harassment as a legal cause of action.