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Discrimination / Harassment

Track every step in your promotion process

02/28/2011

Employees can be ungrateful. Sometimes, they’ll turn down promotion offers because the deal isn’t sweet enough—and then sue, alleging that low pay was evidence of bias. Win those cases by producing documentation of the entire promotion process, including how you set pay.

Managing employees in remote locations? Insist they follow the rules, just like everyone else

02/25/2011

As more and more employees work from locations away from the main office, employers are finding it challenging to manage their workforces. In some cases, that may be so difficult that it doesn’t seem worth having remote workers, especially when an employee tries to take advantage of the distance and begins to ignore the rules. Don’t let that happen.

Be ready to explain male/female pay differences

02/25/2011

The Equal Pay Act requires the same pay for women and men doing the same work under similar working conditions and requiring equal skill, effort and responsibility. But the law provides several ways for employers to defend pay disparities. Wage differences can be justified if they are based on a seniority or merit system, or vary depending on the quantity or quality of production.

When manager recommends firing subordinate, investigate to make sure bias isn’t a factor

02/25/2011

If you don’t have a chance to personally observe an employee’s behavior, don’t rely solely on a supervisor’s termination recommendation. Instead, conduct an independent investigation to verify the supervisor’s claim. Otherwise, any employment decision based on that recommendation can be tainted by the supervisor’s hidden bias.

When employee sues for discrimination, be prepared to show your processes are solid

02/25/2011

Judges don’t want your job. They don’t see courtrooms as publicly funded HR offices, and will often try to defer to employer decisions as much as possible. That’s a huge advantage for employers. Capitalize on that by giving the court something to hang a favorable decision on. That something is often a clear and fair disciplinary process.

This year’s Supreme Court decisions make investigations a must

02/25/2011
In recent rulings, the Supreme Court clearly signaled its unwillingness to tolerate even the appearance of circumventing the nation’s anti-discrimination laws. Employers must have investigative procedures in place to help guide decision-making when an employee could be disciplined or terminated.

Be prepared to justify newcomer’s higher pay

02/24/2011

If you decide to pay new hires more than employees with similar or better qualifications, be prepared to prove why you needed to sweeten the pot. Otherwise, you could be risking an Equal Pay Act lawsuit if an incumbent belongs to a protected class.

9th Circuit tackles harassment, retaliation against gay workers

02/23/2011
A recent 9th Circuit Court of Appeals decision highlights unexpected problems employers can face when gay employees are harassed because of their sexual orientation. The case—Dawson v. Entek International—illustrates what can go wrong when harassment occurs, HR is slow to respond and retaliation is alleged.

Any stereotypes of workers–even positive ones–can spark discrimination lawsuits

02/22/2011
Typically, employees who file discrimination lawsuits try to show they were treated poorly because of preconceived notions about their protected category (age, religion, sex, disability status, etc.). But be aware of this twist: Stereotypes that seem positive at first blush can also be the basis for discrimination claims.

Need to discipline employee? Prepare to back it up with contemporaneous records

02/21/2011
Courts love to see good records that support employer discipline—records created at or very near the time events occurred. That’s why every manager needs to know how to document discipline and who gets a copy for later use.