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Discrimination / Harassment

Office romance: Don’t ban it; manage it

02/15/2011

Valentine’s Day may have come and gone, but love might still linger in the air at your workplace. If so, watch out! When office romances sour, scorned lovers often turn to the courts to allege that a former lover was a sexual harasser. Here are three tips to help make sure Cupid’s arrow doesn’t harm your organization.

The key is consistency: Make sure similar infractions are subject to similar punishment

02/15/2011

Employees who break rules usually expect to be punished. But they also expect to be treated fairly. Most understand that employers shouldn’t punish one employee more harshly than someone else who committed the same infraction. And if that other employee belongs to a different protected class, savvy employees know that attorneys will be lining up for a chance to file a discrimination lawsuit.

Develop, implement and publicize policies that encourage employees to report harassment

02/14/2011

Here’s a big benefit to having a strong anti-harassment policy: The policy’s very existence helps protect employers against false claims. That’s because employees won’t be able to say they endured years of harassment and didn’t know how or to whom to report it. The key is making sure employees know about your policy.

Post all job openings to head off bias suits

02/14/2011

Save yourself lots of trouble by posting all open positions and telling employees exactly how to apply. When jobs aren’t posted and a member of a protected class misses out on a job opportunity, he or she can argue that the employer purposely hid the opening in order to exclude some individuals.

Want to ‘fire’ your way out of problems with troublesome employees? Think again

02/11/2011

You’ve been dealing with a particularly difficult employee. He’s constantly claiming he’s being discriminated against in one way or another. But then he breaks a rule, and you spot your chance to fire him—of course, following all your internal procedures to the letter. Finally! Now you can rest easy, believing the employee can’t possibly come back and successfully sue you. Guess again.

Log customer complaints to back up discipline

02/11/2011

Customers may not always be right, but employers can’t ignore their reasonable and lawful complaints. Remember, you need to document those complaints at the time they happen—especially if it seems like a customer complaint might lead to employee discipline.

Document efforts to help employee improve

02/11/2011
Nothing makes an employer look better in court than clear proof that it tried to help a struggling employee improve her performance. That’s why you should keep track of those efforts.

Offer reasonable ADA accommodations–but you don’t have to provide full-time helper

02/11/2011

It can be devastating when an employee becomes severely disabled in the prime of life, especially if it’s clear the disability means she will never be able to perform her old job without substantial assistance. Well-intentioned, compassionate employers try their best to help. But the tough question is how far they should go to accommodate the disabled employee’s restrictions.

Put a stop to harassment ASAP–fast action now prevents liability even years later

02/10/2011
Sexual harassment sometimes grows slowly, starting out fairly innocuously before accelerating to behavior that creates a truly hostile work environment. Courts understand that and have created a specific legal doctrine to help harassed employees—the continuing violation doctrine.

With harassment, punishment should fit crime

02/10/2011

Employers sometimes assume they have to harshly punish every incident that violates their sexual harassment policies—which often means termination. That isn’t necessarily so. You can differentiate between various kinds of conduct that fit your definition of harassment, but clearly aren’t equally severe.