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Discrimination / Harassment

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.

Legit discipline OK, even following complaint

03/16/2011
Some managers worry needlessly that any step they take after an employee complains about harassment will mean a lawsuit. But as long as you can support your disciplinary act with a good reason—and you keep good records showing how you made the decision—chances are good a court will dismiss the suit.

Fire insubordinate worker, despite complaint

03/16/2011

Employees who complain about discrimination or harassment are protected from retaliation. But some of them mistakenly believe that complaining makes them invincible. That’s not true. Employers can discipline any employee who deserves it—including those who have complained—as long as the rules are applied fairly.

Being sued? Gather all employment records ASAP

03/16/2011

It’s a fact of life: Unhappy applicants, employees and former employees tend to sue. There’s not much you can do about that. However, you can be prepared to react quickly as soon as you learn of a lawsuit. The key is having complete documentation of all employment decisions.

Feel free to offer constructive criticism when evaluating employees–even good ones

03/15/2011

You may have employees who perform well but could do better—and you might have some ideas about how they can do that. So at evaluation time, you rate them as good or even excellent employees and want to include some specific suggestions in the narrative part of the evaluation. But you also know that some employees are sen­sitive to criticism. What should you do?

Checklist: A practical guide to investigating workplace harassment

03/14/2011
The U.S. Supreme Court’s landmark decisions in Faragher v. City of Boca Raton and Ellerth v. Burlington Industries were a wake-up call for employers to prevent, detect and remedy unlawful workplace harassment. HR’s key tool for doing so: the internal investigation. When harassment rears its ugly head, here’s how to conduct your investigation.

When administering job tests, ensure they’re job-related and fair to all employees

03/14/2011
Be wary of employment tests that seem to have a disparate impact on members of a protected class. You must be ready to show the tests are valid and focus on the real skills required to do a job.

After Supreme Court decision, what you must do to prevent retaliation

03/14/2011
The Supreme Court’s decision in Thompson v. North American Stainless underscores the need for employers to take proactive and thoughtful measures to prevent retaliation claims. Follow these practices to help avoid retaliation claims—not only from employees who have engaged in protected activity, but from those closely associated with them.

How to work with GINA–the Genetic Information Nondiscrimination Act

03/14/2011
In late 2010, the EEOC published GINA regulations that provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.