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Discrimination / Harassment

Minor mistakes aren’t enough to prove bias

05/04/2011
If you sometimes agonize over firing an employee for fear of litigation, relax. As long as you act honestly, the employee probably can’t successfully sue.

Bias against applicants who never apply? Ruling in case involving criminal background checks

05/04/2011

Under limited circumstances, a job applicant might be able to win a discrimination lawsuit without actually applying for a job. For example, someone could conceivably prove that it would have been be futile to even bother filling out an application. Fortunately, such cases are rare.

Granting reasonable accommodation isn’t enough–you must make sure it actually happens

05/04/2011

It’s one thing to grant a reasonable accommodation request. It’s another thing entirely to make the accommodation happen. Once you have approved an accommodation, someone from HR must ensure the decision is implemented.

Does PDA cover cases of in vitro fertilization?

05/04/2011
Until now, courts have frequently concluded that a woman who is fired for undergoing fertility treatments—that is, fired before becoming pregnant—probably isn’t covered by the Pregnancy Dis­crimination Act. But now a court has concluded that women who undergo in vitro fertilization efforts are protected under the PDA. That’s because only women can undergo the process.

Don’t take the rap for harassment after hours

05/04/2011

Courts are beginning to realize that there is only so much an employer can do to prevent sexual harassment. Take, for example, off-duty and off-premises sexual harassment. While employers probably are 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.

Fill-in shows promise? That’s legit reason for hiring

05/03/2011
Sometimes, managers have to act fast to fill a position. It’s reasonable to let someone take the job temporarily. If she does well, it’s perfectly acceptable to use that performance as a reason to offer the job permanently.

Enforce e-mail usage rules–if only to avoid PR nightmare

05/03/2011
If you let employees ignore reasonable restrictions on how they use company e-mail and other communications tools, you may find yourself having to scramble to prevent embarrassing information from becoming public.

Members of protected group flunk job test? Make sure bosses aren’t manipulating system

05/02/2011
If your pool of qualified applicants is demographically significantly different than your hires, there may be trouble afoot. Don’t count on pre-­employment job tests to automatically create fair hiring. If a quick internal audit shows that particular departments or managers have considered but not hired members of a protected class, you may want to look at whether the testing is being handled properly.

Carefully track who applied for which positions

05/02/2011

If applicants believe an employer discriminates, they may be reluctant to even apply for a job, thinking it’s inevitable they will be passed over. That doesn’t mean they’ll hesitate to go ahead and sue anyway. However, smart employers that let everyone know what jobs are open and how to apply will probably win those cases.

Save the day! Stop borderline behavior early

05/02/2011

When HR finds out a supervisor has acted in a way that could be inter­preted as offensive, take immediate action. That doesn’t necessarily have to include discipline. Instead, remind the supervisor that the behavior—though it doesn’t rise to the level that could be considered harassment—must stop.