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Discrimination / Harassment

Don’t sweat details if your discipline decision is sound

06/17/2011

Do you worry about every detail of discipline and make sure all the facts are completely accurate? Your concern may be needless. Employers certainly have to be fair when disciplining, but judges know HR departments aren’t courts of law—and they don’t demand proof beyond a reasonable doubt.

Let investigation guide harassment punishment

06/17/2011

Not every workplace incident involving offensive conduct between employees has to end in termination. Employers can and should base their response on the circumstances uncovered during an investigation. For example, the first time an employee uses offensive language, the appropriate remedy may be a stern warning. On other occasions, when it’s impossible to tell who said what, the proper response may be to counsel both parties.

Is Brooklyn Botanical Gardens fertile ground for bias?

06/17/2011
The former head of security at the Brooklyn Botanical Gardens has filed a lawsuit claiming the institution discriminates against blacks, and that he was fired in part because of his age.

Dunkin’ Donuts store pays for not investigating harassment

06/17/2011
The owner of a Dunkin’ Donuts franchise will pay $290,000 and agree to enter into a six-year settlement agreement after it refused to investigate charges that the store manager was sexually harassing female workers. Many of the employees were just 16 and 17 years old at the time.

When workplace romance goes bad, fall back on sexual harassment policy for discipline

06/17/2011

It’s bound to happen eventually: Two of your employees will have an affair. Then one of them will break it off, leaving the other hurt, angry and perhaps vengeful. It’s all a recipe for disaster—and HR will have to manage the situation. You can punish them both, assuming they are merely co-workers. But if your rules aren’t very specific, you’ll have to be careful.

Can we require ‘English-only’ at work? Foreign-language chatter is affecting morale

06/16/2011
Q. Some of our employees speak to each other in their native language. We are worried that some workers will feel excluded. To boost employee morale, we would like to institute a policy prohibiting our workers from speaking any language other than English during the workday. Is such a policy legal?

Sex harassment, retaliation cost gourmet company $535K

06/16/2011
Monterey Gourmet Foods, a Salinas specialty foods maker, will pay $535,000 to settle an EEOC lawsuit alleging a supervisor sexually har­assed workers, who were fired after they complained.

LAPD pays huge judgment for sexual orientation retaliation

06/16/2011
A state court jury has awarded more than $1 million to a Los Angeles Police Department (LAPD) sergeant who sued the department for retali­a­tion after he complained about shoddy treatment because he is gay.

Employee cites mental distress? Ask for mental exam

06/16/2011
Employees who sue but can’t show they suffered any monetary damages sometimes claim mental distress instead. Fortunately, courts don’t just take their word it, especially if the employee claims she had to undergo psychiatric treatment.

Disabled employee can’t work at all? You can terminate without violating FEHA

06/16/2011
The California Fair Employment and Housing Act doesn’t require employers to provide unlimited time off for employees with disabilities. The fact is, employees with disabilities are still expected to come to work (at least some of the time) and perform the essential functions of their jobs with or without accommodations while they are there.