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Discrimination / Harassment

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 take affirmative steps 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.

Equal Pay Act

03/12/2011

HR Law 101: The Equal Pay Act of 1963 prohibits employers from paying different wages on the basis of gender for “equal work on jobs the performance of which requires equal skill, effort, and responsibility and which are performed under similar working conditions…” Female employees must also receive the same level of benefits as their male colleagues …

Firing meetings: Let workers talk; ‘zip it’ doesn’t work

03/11/2011

You’ve had it up to here. Now it’s time to fire a poorly performing employee. As you’re about to do so, the employee wants to tell you something. But you tell her to “zip it.” Nothing she says will change your mind. As this case shows, you better zip it yourself and listen. Here’s why …

Supreme Court: Check boss bias before disciplining

03/08/2011
The Supreme Court’s latest unanimous employment-law opinion found that two biased supervisors conspired to get HR to fire someone. The lesson is clear: HR must independently check supervisors’ disciplinary recommendations to ensure they have no ulterior motives.

Hug or a handshake: Which does your workplace embrace?

03/08/2011
Like people, some workplaces welcome huggers. Others prefer a smartly extended right hand. “To hug or not to hug” is the question … and here’s the answer.

EEOC: Cleveland’s Presrite was wrong not to hire women

03/04/2011
The EEOC is suing Cleveland-based metal forging company Presrite Corp. for sex discrimination, alleging the company has a long-standing practice of not hiring women.

Kasich takes gender identity out of Ohio’s bias policy

03/04/2011
Already under political assault for appointing an all-white cabinet, Gov. John Kasich raised hackles in Ohio’s gay community when he eliminated gender identity as a protected class for state workers.

Applicant suing for failure-to-hire? Make sure she really did apply for the job

03/04/2011

Score one for common sense: People who want a job they see posted have to apply before they can sue for not getting it. A phone call to HR that was never returned can’t be grounds for a failure-to-hire lawsuit.

Make sure managers understand: They may be personally liable for racial slurs

03/04/2011
Here’s some food for thought you may want to pass along to supervisors, managers and your colleagues in HR who deal directly with employees. If they are actively involved in any activity that creates a hostile work environment, they may find themselves personally liable as an aider and abettor.

Personality clash or gay bias? Courts decide

03/04/2011
In New York, employees are protected from discrimination based on their sexual orientation. Just as in other discrimination cases, when the conflict is between supervisor and subordinate, courts try to sort out whether the problem is a case of personality conflict or sexual orientation discrimination.