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Discrimination / Harassment

You’re not a doctor! Don’t restrict pregnant employee’s work unless her physician says so

02/07/2011
Some old-school managers cling to outdated notions about how to treat pregnant employees. Kind gestures are fine, but watch out if a manager’s overprotectiveness results in women being denied promotions or opportunities to work when there’s no reason not to.

Amtrak faces equal pay suit

02/04/2011
The EEOC is suing Amtrak for pay discrimination and retaliation, following allegations by a female HR manager in Pennsylvania that the railroad underpaid her because she is a woman.

How to prevent succession planning from triggering discrimination complaints

02/04/2011
Many companies design succession plans so they can spot the next generation of leaders early and develop current employees to their full potential. If your organization is involved in such a process, step back and look: Does everyone who is tapped for special treatment come from the same race or gender? Or does the chosen group exclude older workers or the disabled?

Complying with the Genetic Information Nondiscrimination Act

02/02/2011
In late 2010 the EEOC produced regulations on the Genetic Information Nondiscrimination Act (GINA). The regulations 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.

Vague ‘unfairness’ complaints aren’t protected activity

02/02/2011
Before an employee can claim his employer retaliated, he has to show he engaged in a protected activity. But vague claims aren’t enough.

You never know what you’ll learn: Before making firing decision, let employee talk

02/02/2011
Sometimes, it’s useful to ask for an employee to comment on allegations that could lead to his discharge. For example, in the following case, the employer was about to fire a worker for omitting prior employment from his job application. Before doing so, the employer directly asked if that had, in fact, happened.

Protect against retaliation suits by conducting independent and ‘blind’ internal investigations

02/02/2011

Employers can’t punish employees for complaining about alleged discrimination or harassment. That’s true even if the complaint doesn’t pan out, as long as the employees complained in good faith. But judges don’t want employees to use the threat of a retaliation lawsuit as a way to circumvent fair discipline, either. There’s a way for employers to get judges on their side.

Be prepared to justify newcomer’s higher pay

02/02/2011

Employers that pay new hires more than employees with the same or similar experience should be prepared to prove why they needed to sweeten the pot. Otherwise, they risk an Equal Pay Act lawsuit if it just so happens the hire is of the opposite sex as an incumbent.

Supreme Court expands retaliation prohibitions

02/02/2011
Employers everywhere must be extra cautious about discipline that could be construed as retaliation now that the U.S. Supreme Court has unanimously affirmed that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer.

In discharge meeting, follow 2-and-1 rule: Two company reps, one reason for termination

02/02/2011

Unfortunately, lawsuits often come down to one person’s word against another’s. That’s powerful incentive for a company rule requiring at least two managers to participate in a termination meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that reason.