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Discrimination / Harassment

Not every romantic advance equals harassment

05/27/2011
Courts understand: Occasionally, romantic sparks fly between people who work together. They recognize that it’s not always harassment, even—under some circumstances—when the couple includes a supervisor. The key is whether or not the conduct is welcome.

Tales from the front lines …

05/27/2011
Mexican food is great, but is it art? A cook sued his former em­­ployer, a Mexican restaurant, for un­­paid overtime. The owners put forth a creative defense: that the cook was exempt from the FLSA overtime requirements because he was a “creative professional.”

Don’t take the rap for employee’s after-hours harassment

05/26/2011

Courts are beginning to realize that there is only so much an employer can do to prevent sexual harassment. Take, for example, alleged sexual harassment that occurs off-duty and off-premises. While it’s likely that employers would be responsible for a supervisor’s sexual assault or harassment, chances are they won’t be held liable for the same conduct by a co-worker.

Can you ask applicants to ‘audition’ via voice-mail?

05/24/2011
It’s a hot hiring trend for sales positions and other jobs that call for great verbal skills: Asking job applicants to leave a voice-mail message in which they make their best pitch. Advocates say it’s an effective way to tell right away who has potential — and quickly weed out duds. But is it legal?

Loud and inappropriate gripe? OK to punish, even if complaint involved discrimination

05/20/2011

It goes without saying that employers can’t punish employees because they have complained about discrimination. That would be retaliation, and could mean a lost lawsuit even if the employee wasn’t correct about her allegations. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter what their content.

John Muir Health settles EEOC ‘latex bias’ charges

05/20/2011
John Muir Health agreed to settle bias charges brought by the EEOC, claim­ing the East Bay hospital system dis­­criminated against job applicants ­perceived to have latex allergies.

You may be liable for harassment of nonemployees

05/20/2011
Employees shouldn’t have to endure sexual harassment, whether it comes from another employee or someone outside the company.

Discuss retirement after layoff decision has been made

05/20/2011
Timing is everything. Suggesting retirement before any decision has been made to terminate an employee may show age discrimination. Discussing it after informing the employee that he’s been terminated doesn’t.

Ensure arbitration agreements are clear, fair

05/20/2011
Given their druthers, courts would just as soon rule that employment arbitration agreements are valid—and send them back for an arbitrator to settle. But employers must help by making those agreements easily understood, fair and not entirely one-sided.

No adverse action needed for hostility case

05/20/2011

Think you’re immune from lawsuits as long as you don’t cut an employee’s pay or fire, demote or refuse to promote him? You’re wrong. Employees who belong to a protected class and can show they endured enough slights, insults or other harassing conduct to affect the way they perform their jobs can win a hostile environment lawsuit.