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Discrimination / Harassment

Not all harassment based on sex is illegal

06/15/2011

Some employees mistakenly believe that teasing, joking and otherwise making fun of an employee is always grounds for a harassment lawsuit. That’s not true. For example, in order to sue for sexual harassment, employees have to show that the conduct they object to is somehow tied to their gender.

Ensure romance rules protect against association bias

06/15/2011
Consider this when writing policies: Employees can sue if their employer discriminates against them because of their “association” with a member of a protected class. And that association can include dating and other intimate relationships.

Quiz for managers: Documenting discipline the legal way

06/14/2011

If an employee ever sues, you need to have strong documentation of performance, behavior and discipline issues. Managers sit on the front lines of the documentation battlefield. Have your supervisors take our quiz to test their knowledge of documentation do’s and don’ts. Plus, learn three documentation rules every manager must know.

With chef in hot water, Lisle hotel settles bias suit

06/10/2011
The EEOC and the Hilton Lisle/Naperville Hotel in Lisle have agreed to settle a ­national-origin harassment suit filed by several Hispanic employees who worked in the hotel’s kitchen. The group will split a $195,000 settlement.

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.