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Discrimination / Harassment

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.

Key EEOC lawsuit focuses on credit-check bias

02/01/2011
The EEOC made headlines recently when it filed suit against Kaplan Higher Learning, accusing it of discriminating against black applicants through the way it checks candidates’ credit histories. A handful of states, including Illinois and Washington, ban or severely limit use of credit checks in hiring.

Subway franchise failed to act, now must pay for harassment

01/28/2011
A Wilmington company that operates several Subway restaurants will pay two former employees $55,000 to settle sexual harassment complaints against an assistant store manager. The EEOC sued SKMATCH Inc. in federal court after attempting to resolve the dispute without going to court.

Good records mean you’re always prepared for court

01/28/2011
Here’s a truism that should help you sleep better at night: If you keep good records and track all discipline, you’ll seldom lose discrimination lawsuits.

Don’t shoot messenger when you uncover possible bias

01/28/2011
Employees who provide information about possible discrimination to the EEOC are protected from retaliation for doing so. Courts generally protect the EEOC’s ability to conduct investigations. They don’t like to see cooperating employees discouraged from answering questions.

Make sure documentation tells complete story of terminated worker’s conduct

01/28/2011

Employees who are fired don’t have much to lose by suing their former employer. And once they start talking to a lawyer, they often suddenly “remember” all kinds of terrible things their co-workers and supervisors did. Counter revisionist employee hindsight with good documentation of every interaction leading up to the termination.

Never tolerate co-worker sex harassment, even if harm comes from words, not deeds

01/28/2011
Employers have an obligation to open up jobs in all fields to qualified individuals of both sexes. And they must make sure women aren’t being targeted for harassment by their male co-workers.

When hiring, never mention age–to anyone

01/28/2011

Many employers have lost failure-to-hire cases alleging age discrimination because a manager involved in the hiring process mentioned age at some point during the process. The comment need not even be made to the job applicant’s face. Anything age-related said to a co-worker is fair game in court, too.

Court approves arbitration for NJLAD harassment claims

01/28/2011
A New Jersey appellate court has concluded that arbitration agreements can cover claims under the New Jersey Law Against Discrimination.