• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

EEOC’s banner 2010 set record for discrimination claims

01/18/2011
Last year, the EEOC handled more complaints than ever, and employers paid out a record $404 million. Topping the list of EEOC claims: retaliation. Preventing retaliation will be a focus of the HR Specialist’s LEAP Conference, set for March 30-April 1 at the Mandarin Oriental in Las Vegas.

Warn bosses: E-mail is smoking-gun evidence

01/18/2011

The risk isn’t new—e-mail has been around for a while. But managers and supervisors still continue to play fast and loose with their e-comments. E-mail messages are increasingly finding their way into employment-law court battles. Remind managers in the hiring process that it’s typically better to pick up the phone or walk down the hall to discuss a candidate than it is to send an e-mail.

Best way to thwart discrimination lawsuits: Have manager who hired also handle the firing

01/14/2011

It almost always makes sense for the same manager who hired a member of a protected class to also terminate that employee if necessary. Courts presume that someone who is prejudiced would not hire someone who belongs to a protected class, only to turn around and fire the same employee due to prejudice.

When worker may have broken rules, conduct independent investigation to confirm suspicions

01/14/2011
The possibility of hidden bias is what makes it so important to never base a termination decision solely on one person’s recommendation. The key is to cut the connection between the supervisor’s attitude and the company’s termination decision.

Workplace in turmoil? Here’s how to know where to start cleaning house

01/14/2011

Sometimes, a handful of bitter employees can poison the workplace atmosphere so much that production falls. That doesn’t mean it’s always easy to figure out who’s to blame. Here’s one way that sometimes works: Conduct a thorough assessment of the workplace by interviewing all the employees. What you learn may surprise you and provide the impetus to make some sorely needed changes.

When employee claims co-worker harassment, investigate promptly, act reasonably

01/14/2011
If you respond quickly to sexual harassment complaints involving co-workers, you’ll seldom have to worry about coming out on the losing end of a sexual harassment lawsuit. As long as you respond reasonably, courts will defer to your best judgment—especially if the problem seems to have been resolved.

Does GINA apply if a supervisor accidentally learns about an employee’s genetic information?

01/14/2011
Q. If one of our managers overhears an employee discussing his genetic information, is our company liable under GINA?

Who’s covered by GINA, the ‘genetic information’ law?

01/14/2011
Q. Which employers are required to comply with the Genetic Information Nondiscrimination Act of 2008 (GINA), and who does GINA protect?

Try your best, but don’t worry that honest mistakes will cost you a lawsuit

01/14/2011

Courts don’t want to be surrogate HR directors. That’s why they don’t insist that employers do everything exactly right. Courts understand that employers can and do make mistakes. As long as those mistakes aren’t excuses to cover up illegal discrimination, they won’t be the basis for a successful lawsuit.

Court faces facts: An expression or disapproving look doesn’t prove discrimination

01/14/2011

News flash: Some employees are unduly sensitive. They see every gesture or look as proof that their co-workers or supervisors dislike them because of some protected characteristic. Fortunately, the 7th Circuit Court of Appeals has rejected facial gestures and expressions as direct evidence of discrimination.