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Discrimination / Harassment

Reconsidering decision? Act fast to fix it

06/03/2011
Here’s a tip for employers that make snap decisions and then quickly reconsider: Don’t hesitate to fix the problem; that could convince a court to toss out a lawsuit.

10 steps to take when responding to an EEOC complaint

06/01/2011

The EEOC and state and local agencies have been filing more administrative charges in recent years and that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond.

Can you sue for harassment if no one actually harasses you? 5th Circuit opens the door a crack

06/01/2011

Here’s a new worry for employers: More and more employees who aren’t being directly targeted for har­­­­­­­ass­­ment are suing anyway. They claim that the fact that others may be experiencing sexual, racial or other forms of harassment means that they, in ­effect, are also victims. Some of those claims actually succeed.

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.