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Discrimination / Harassment

Can you refuse to hire candidates who are currently unemployed?

03/01/2011
You may have seen it in the classifieds: “Must be currently working.” Is that legal? Some state legislatures want to prohibit “unemployment discrimination.” And given the nature of post-recession America’s out-of-work population, there may be an even more compelling reason not to exclude the unemployed.

High court opens door to ‘third party’ retaliation

03/01/2011
The U.S. Supreme Court last month widened the circle of people who can bring retaliation lawsuits under Title VII of the Civil Rights Act. As a result, HR and supervisors everywhere must be extra cautious about handing out discipline or terminations that could be construed as some sort of retaliation.

Sample Policy: Harassment

02/28/2011
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Durham testing company settles religious bias lawsuit

02/28/2011

Durham-based educational testing firm Measurement Inc. has agreed to pay $110,000 to settle an EEOC religious discrimination suit filed on behalf of a former employee who belongs to a Christian denomination known as the Children of Yisrael.

Warn bosses: Talk of protected characteristics can flag bias

02/28/2011
Here’s a warning you should make sure supervisors hear loud and clear: No one in management should ever mention a protected characteristic (such as age, race or gender) while discussing a promotion or hiring decision.

Not everyone wears a halo: Courts don’t expect perfect work environment

02/28/2011
Some employees act like they expect everyone at work to be on their best behavior all the time, never doing or saying anything even mildly offensive. That’s just not realistic.

Veteran complaining of USERRA violation? Don’t even think about using that against him

02/28/2011

It’s often easy for employees to prove retaliation than whatever alleged bias may have preceded the retaliation. For cases involving employees who are also members of the armed forces, it’s even easier. They’re protected by USERRA.

Beware racial slurs–no matter the context

02/28/2011
Some employees will make any argument to win a lawsuit. Fortunately, courts usually can spot a set-up when they see one.

Romance gone bad: What can we do to discourage relationships between employees?

02/28/2011
Q. Two of our employees are having a romantic relationship. One is married. The wife of the married employee came to our facility and demanded to speak with the other woman. We didn’t permit them to speak on the premises. Can we do anything to discourage employee romances or is that strictly off-limits?

Ensure your FMLA practices comply with new GINA regulations

02/28/2011
Under the FMLA employers routinely ask an employee’s health care provider to complete a certification form justifying FMLA leave requests. That could create a GINA compliance problem, because the certification might reveal genetic information about the employee. There are obvious precautions that an employer should take to comply.