• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Consider all options: When co-worker harasses, termination isn’t the only way to avoid liability

03/25/2011

The key to handling any kind of harassment case involving co-workers is to immediately investigate the allegations and follow up with solutions designed to stop the mis­behavior. But those solutions don’t always have to include terminating the har­assing co-worker. Suspensions, training and other remedial actions may be enough …

Supreme Court backs employee following ‘cat’s paw’ boss bias

03/24/2011
The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.

Beware relying on arbitration agreements: They’re California courts’ pet peeves

03/22/2011
You may have heard that arbitration agreements are a great way to avoid lengthy and potentially costly employment discrimination lawsuits. But before you decide to use an arbitration agreement, remember that California courts don’t like them very much.

Carefully document when you acted to bring an end to supervisor sexual harassment

03/22/2011
Here’s good news for employers that try to do the right thing by fixing harassment they believe did in fact occur: Your liability will be limited if an employee fails to complain to the state Department of Fair Employment and Housing (DFEH) within one year of the last act of harassment.

Warn supervisors: Never suggest retirement

03/22/2011
Many employees who might otherwise have considered retiring have decided to keep working for the foreseeable future. These employees may feel threatened if they are passed over for promotions. By itself, that probably isn’t enough to make them contemplate a lawsuit. But add a supervisor’s ill-timed suggestion that the employee should retire, and you may end up facing an age discrimination lawsuit.

Require medical exams if they’re job-related

03/18/2011

You may have read that employers aren’t permitted to force employees to take medical exams because they could reveal a disability. While pre-employment, pre-job-offer medical exams are barred, there are times when medical exams are fine. The key is whether the exams are job-related and consistent with business necessity.

Lesson from Walmart: How to cut risk when a co-worker harasses

03/18/2011

Here’s some good news for employers that take sexual harassment complaints seriously. In Sutherland v. Wal-Mart, the 7th Circuit emphasized that an employer’s prompt response to an employee’s complaint of sexual harassment may protect it from liability.  

Appeals court: No serial litigation for related claims

03/16/2011

Good news for employers: The 11th Circuit Court of Appeals has ruled that an employee can’t wait until losing one lawsuit to file another one based on the same events, even if the second lawsuit involves a different law. Employees have to file related claims together.

Both sides swear to conflicting versions of truth? Prepare to make your case to a jury

03/16/2011

It could happen: Several former employees get together to sue you over alleged discrimination. Their complaint is full of outrageous, obviously false statements. You have the sworn affidavits contradicting their claims. A court should have no trouble deciding to toss out such a case, right? Maybe not.

SCOTUS retaliation ruling already a factor

03/16/2011
The ink was barely dry on the U.S. Supreme Court retaliation decision in Thompson v. North American Stainless when a federal judge considering a Florida case expanded the opinion’s reach.