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Discrimination / Harassment

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.

Another reason to track everything: Passage of time makes it harder for worker to successfully sue

05/20/2011

It’s possible that a supervisor might wait years to get back at an employee who filed a discrimination complaint. Possible, but unlikely. The more time that passes between an initial complaint and any alleged retaliation, the less likely courts are to entertain a lawsuit.

Same-sex marriage & payroll: What happens now?

05/18/2011
The Defense of Marriage Act (DOMA) prohibits the extension of federal marriage benefits to same-sex couples who marry under state law. Some federal courts have ruled DOMA unconstitutional, and the Department of Justice says that it will no longer defend the law. But the IRS says it’s still enforcing DOMA as it applies to the tax laws that cover married couples.

Don’t tolerate intolerant religious talk

05/16/2011
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Ensure there’s no bias in contract hiring, too

05/16/2011

Almost every employer understands that they can’t discriminate against employees on the basis of race. But race discrimination protections also apply even when employers contract out their work. Contractors who believe they have suffered bias can sue under the Equal Protection Clause of the U.S. Constitution.

Use fair progressive discipline and clear documentation to prove you’re not biased

05/13/2011

It happens—employers make mistakes. Under most circumstances, however, those mistakes won’t turn into successful employee discrimination lawsuits. That’s because employees have to prove that both the decision and the underlying facts were wrong and were used as an excuse to discriminate.

Not all offenses are equal–make the punishment fit the ‘crime’

05/13/2011

When disciplining conduct that violates company policies, remember that you have leeway to come up with appropriate punishment based on the specifics of each incident. Just make sure you document the conduct, what rules it violated and why each employee deserved the punishment he or she received.

Supreme Court rules in Walmart v. Dukes

05/13/2011
The Supreme Court has agreed to hear an appeal in the pay discrimination lawsuit everyone is watching. Walmart is asking the High Court to overturn a 9th Circuit Court of Appeals ruling in April that allowed a class-action suit alleging widespread discrimination against women to proceed. At stake: potentially $1 billion or more—and the future of high-stakes class-action cases.

Emanuel pick for school head will have to explain age remarks

05/13/2011
Mayor Rahm Emanuel’s handpicked candidate to lead Chicago’s school system faces two lawsuits dating from his three-year tenure as the head of Rochester, N.Y., schools.