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Discrimination / Harassment

When harassment escalates despite warnings and second chances, it’s time to terminate

04/15/2011

If a claim of sexual harassment comes down to nothing more than one employee’s word against another’s, it can be difficult to decide to fire the alleged harasser. It can be even harder if you know the accused harasser is involved in litigation against the company.

Worker sends complaint to HR? You must respond

04/15/2011
Some employers believe that actually filing a lawsuit or EEOC complaint is the only protected activity. That’s simply not true. Em­ployees who voice concerns to HR about possible discrimination at work are also protected from retaliation.

OK to base discipline on severity of violation

04/15/2011
Employers generally must treat employees equally, including when they break the rules. But that doesn’t mean you have no disciplinary flexibility. The key: Explain why you think one employee deserves more serious punishment than another who committed the same infraction.

Employee complained about discrimination? That doesn’t excuse shoddy or dangerous work

04/15/2011

Employees who file EEOC or other complaints about discrimination are protected from retaliation for doing so. But that doesn’t mean employers aren’t allowed to discipline employees who have complained—if the situation legitimately calls for discipline. You must, however, be very careful to document the underlying reasons.

Accommodate disabled workers, but don’t accept mediocre job performance

04/15/2011

Yes, employers must reasonably accom­modate employees with disabilities. But that doesn’t mean they have to provide a perfect workplace—or tolerate subpar performance. Instead, make the accommodations that are reasonable. If the employee still can’t perform her job’s essential functions, you can terminate her.

Not all religious accommodations are mandatory

04/14/2011

Employers aren’t obligated to honor religious accommodation requests if doing so would significantly hamper operations or inconvenience co-workers. For example, accommodating a request for every Sabbath day off could effectively invalidate a collective-bargaining seniority system and create a real hardship for the other employees who would have to work instead.

After Google search revealed that applicant smokes and drinks, can we refuse to hire him?

04/14/2011
Q. We did a Google search on someone we wanted to hire and we found several pictures of the individual smoking and drinking alcohol at bars. We had wanted to hire this employee for a position in which he will work closely with clients and now we are having second thoughts. We certainly do not want him to smell like smoke when he meets with clients. Is there any legal problem with not hiring him?

3M to settle age bias suit rooted in quality control plan

04/14/2011

3M Companies appears poised to settle a high-profile age discrimination suit. Earlier this year, the company filed a joint motion for preliminary ap­proval of a class-action settlement involving approximately 7,000 workers. If the Ramsey County District Court agrees, the employees (and their attorneys) will split $12 million.

Firing employee? Make sure he knows he really has been terminated

04/14/2011

Employees have tight deadlines for filing discrimination complaints. But the clock doesn’t start ticking on those deadlines until the employee knows he’s been fired. If you’re terminating someone, be sure to make that clear!

Chicago contractor settles bias charge for $700,000

04/14/2011
InterCall, the world’s largest provider of teleconferencing services, will pay $700,000 to 151 minority job applicants after a DOL investigation concluded the company systematically excluded minority candidates from sales associate positions at its Chicago office in 2006 and 2007.