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Discrimination / Harassment

Employee acting as own attorney only gets some leeway

07/25/2011

Courts don’t want an employee to lose a legitimate discrimination case just because she couldn’t afford an attorney. That’s why courts often allow jury trials for cases in which an employee represents herself. However, once a jury has heard the case, chances are that’s the end of the matter.

Public employees must gripe to OAH before going to EEOC

07/25/2011
If you are a state or local government employer, here’s a tip that may prompt a judge to dismiss an employee’s dis­­­­crimination claim early on: Public employees have to first file a discrimination claim with the state Office of Administrative Hearings (OAH) before going to the EEOC.

Proceed with layoff if employee you planned to cut suddenly complains about discrimination

07/25/2011

When employees hear rumors that business is down, they often worry that jobs will be cut. One trick they sometimes use is to rattle a few chains and start complaining about discrimination. Don’t let that interfere with plans already in place for a layoff or other workplace changes that you know aren’t related to discrimination. Just make sure you have adequate documentation to explain when the layoff decision was made and why.

Not everything workers post online is protected

07/25/2011

No doubt you have heard about the Facebook posting cases in which employers have been sued for punishing employees for their social net­work­­­ing activities. Some decisions make it seem like employees can post anything they want. Fortunately, that’s not true.

‘Feeling’ bias in NASCAR? Court says ‘no go’

07/25/2011
When employees carry a chip on their shoulders, they may see dis­crimination in acts that are simply nor­mal workplace behavior. For­tu­nately, courts won’t allow dis­crimi­nation cases to go to trial if they’re based on nothing more than vague “feelings.”

Boss keeping an eye on underperformer? Make sure he’s not being unfairly singled out

07/22/2011
Watch out if a supervisor starts keeping extra-close tabs on an employee’s work in the wake of declining productivity or a poor review. You must make sure all employees in a similar situation get the same close attention.

Discipline after testimony can be retaliation

07/22/2011
Reacting angrily to employee litigation can backfire. Filing a lawsuit is a protected activity, and sudden discipline following legal action is dangerous.

Back up consistent discipline system with documentation, review of high-stakes cases

07/22/2011
You can take steps to ensure that most employee lawsuits will fail, especially when it comes to discipline. The key is to make sure similar misconduct yields similar punishment, regardless of the employee’s race, sex, age or other protected characteristic. It’s also critical for HR to track discipline carefully.

Did deputy go to wing joint for breasts and thighs?

07/22/2011
The EEOC is suing Hurricane Grill and Wings in Royal Palm Beach after female employees detailed persistent sexual harassment by a local deputy sheriff.

Check reviews: Has employee ever complained?

07/22/2011

As an HR pro, you probably have to review all employee evaluations as well as records of employee complaints. Keep close tabs on both. Why is that important? Because even an all-star employee can let her performance slip or do something that breaks company rules.