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Discrimination / Harassment

Lost the window office? Sorry, that’s not retaliation

06/10/2011
Sometimes, after an employee has filed a discrimination complaint, it seems like anything an employer does is fodder for a retaliation charge. Fortunately, courts don’t always buy it, concluding that minor changes aren’t enough to dissuade a reasonable employee from complaining in the first place.

Chicago firefighters’ case burns on–focus still on allegedly biased promotion tests

06/10/2011
The litigation over promotion tests for Chicago’s firefighters is by no means over, despite a 2010 trip to the U.S. Supreme Court. The case is again working its way through the legal system—something that carries a lesson for all employers.

When misbehavior demands termination, it’s best to stick with one reason for firing

06/10/2011
Here’s an important reminder to heed when you must discipline employees: If an employee commits a major rule violation that justifies termination, rely on that reason alone. Resist the temptation to pile on additional reasons. It may make defending a lawsuit that much easier.

Can your practices withstand EEOC scrutiny? Use its standards to check hiring bias

06/10/2011
Even one employee’s complaint to the EEOC can launch a massive investigation into your hiring practices. That’s true even if the initial complaint didn’t strictly concern hiring. That’s why you must proactively look for inadvertent discrimination in all your hiring and employment practices. Don’t wait for the agency to come snooping.

‘In our prayers’ condolences: Is it religious bias?

06/10/2011
Q. We send out a condolence card when one of our em­­ployees has a death in the family. We usually say something like, “Our thoughts and prayers are with you at this difficult time.” Now one of our employees has complained about the use of the word “prayer.” Do we need to change the message?

Check your leave policies! EEOC looks at return-to-work issues

06/08/2011
Now is the time to review your return-to-work policies and practices for employees on leave. They need to be integrated without regard to the reason that prompted leave. Treating workers differently depending on the reason for their absence opens the possibility of a disability discrimination claim.

Hot streak over? EEOC loses bid to limit credit histories in hiring

06/08/2011
In a recent case, EEOC v. Kaplan Higher Education, employers scored a major victory. Now, perhaps, we can expect more courts to look skeptically on some of the EEOC’s tactics, giving employers more tools to build the workforces they need.

Aldi warehouse parent company will pay $60,000 for bias

06/07/2011
Eclipse Advantage, Inc.—a transportation, logistics and distribution management company—has agreed to pay $60,000 to settle an EEOC racial harassment and retaliation lawsuit.

Overexposed meat manager costs supermarket $300,000

06/07/2011
Dave’s Supermarket will shell out $300,000 to settle sexual harassment charges after it failed to act swiftly to address a misbehaving meat manager at its Lee-Harvard Shopping Center store on Cleveland’s east side.

Check for job search if employee was ‘forced’ to quit

06/07/2011
Under limited circumstances, an em­­ployee can claim that harassment or discrimination at work made her life so miserable that she had no choice but to quit. She can then walk out and sue as if she had been fired. But what if it turns out that the employee found a job before quitting? That can sink her claim.