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Discrimination / Harassment

Good cause to act? Don’t wait to terminate

06/01/2011
Sometimes, it’s smart to pull the termination trigger sooner rather than later. Waiting just gives the employee a chance to dig in—and plan a lawsuit.

Tarheel Medical Transport faces PDA suit over forced leave

06/01/2011

The EEOC is suing Tarheel Medical Transport, alleging the Wilson County company forced pregnant employees to take leaves of absences until after their children were born. The lawsuit claims the policy violates the federal Pregnancy Dis­crimi­nation Act.

Dillard’s must take $50,000 from till to pay for age bias

06/01/2011
Managers at the Dillard’s department store in Cary have learned the hard way that forcing out older workers simply because of their age doesn’t pay.

In Randleman, gender and disability bias cost big bucks

06/01/2011
Ohio-based Timken Co. will pay $120,000 to settle a gender and disability complaint from a woman who worked at the company’s ball bearing plant in Randleman.

Implement clear process for requesting promotion

06/01/2011

Employees who don’t apply for a job or promotion generally can’t sue over the lost opportunity. But if promotions are never announced and there’s no process to apply, employees and applicants can sue. That’s why it is crucial to have some sort of application process in place that allows you to track applications and prove who applied—and by default, who did not.

When reorganizing, focus on essential company goals

06/01/2011
At some point, every employer will have to reorganize to cut costs or im­­prove effectiveness. Don’t let those making the reorg decisions take the easy way out by simply eliminating positions held by disabled employees.

Think co-worker religious bias wasn’t serious? Don’t bet on courts taking such a casual view

06/01/2011
Earlier this year, we told you about a North Carolina religious har­ass­ment case that was dismissed because the judge felt the alleged har­assment wasn’t serious enough to warrant a lawsuit. The EEOC asked the court to re­consider its decision and it did, order­ing the lawsuit reinstated.

Don’t blacklist worker who quits after complaining

06/01/2011
Management may breathe a sigh of relief if an employee quits after alleging some form of harassment or discrimination and then doesn’t march to the nearest courthouse right away. But before they thank their lucky stars, consider this: The former employee may show up years later, looking for a job—and a retaliation lawsuit.

Documenting employee discipline: 3 cardinal rules

05/31/2011
Managers should make documentation of employee performance, behavior and discipline a regular habit. Strong documentation is especially important if an employee or ex-employee ever files a legal complaint saying his or her termination or discipline was based on illegal discrimination.

When employees foul up, feel free to tailor your response to fit the circumstances

05/27/2011

Employees break rules from time to time. They make mistakes occasionally. When those things happen, you have to respond. But don’t make the mistake of thinking you must discipline or correct every employee the same way all the time. Management needs the flexibility to tailor solutions to particular problems, because every situation is different.