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Discrimination / Harassment

New hire’s skills and pay top ex-employee’s? Justify based on business needs

01/28/2011

Judges see a lot. It’s usually pretty easy for them to figure out when an employer is trying to use “the lousy economy” as a pretext to discriminate against an employee. But judges are also good at recognizing when discrimination hasn’t been a factor in an employment decision.

If fear is a factor, fire threatening employee

01/28/2011

It’s a legitimate workplace fear: Someone with emotional or mental problems will act out against co-workers. Sometimes, the consequences are deadly. Most of the time, threats of violence are just words. But words are enough to justify firing an employee who expresses intent to do harm, because of the fear that it instills in others.

No litigating related claims in separate venues

01/28/2011
The Court of Appeal of California has ruled that employees can’t pursue related claims in different forums at the same time.

Apply harassment rules no matter who’s accused

01/28/2011
It’s not enough to have a sexual harassment policy. You had better be prepared to enforce it—no matter who is doing the harassing. In the following case, family ties cost a bundle for an employer that turned a blind eye to harassment.

No private ‘do-over’ if applicant flunks test

01/28/2011
Do you use standardized tests to determine if applicants meet the minimum requirements for a job? If so, remember this: An applicant who fails a fairly administered test (after receiving a conditional offer of employment) can’t go out and take the test privately and then demand reconsideration.

Give managers a refresher on retaliation risks

01/27/2011
Employee claims of job discrimination to the EEOC spiked above 99,000 last year, the highest total ever. On Jan. 11, the EEOC released more details, and those numbers yield three important lessons for employers:

Crothall Healthcare settles pregnancy discrimination claim

01/26/2011
Wayne-based Crothall Healthcare will pay more than $88,000 to settle a pregnancy discrimination claim brought on behalf of an employee working in Arkansas.

PHA head is gone, but trail of lawsuits lingers on

01/26/2011
When the Philadelphia Housing Authority’s board of directors fired Executive Director Carl Greene, board members probably thought the move would end the serial litigation that marked his tenure. Wrong. Press reports last year linked Greene to a series of sexual harassment cases that—along with allegations of mismanagement—led to his firing last year …

Supreme Court: Fiancé of complaining worker has retaliation protection

01/25/2011
The Supreme Court on Jan. 24 ruled that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer and can now sue for retaliation. The case has important implications for all employers: It’s more important than ever to make sure your discipline policies pass the no-retaliation test.

Strength in numbers: Lawsuit-proof your hiring process with double-team interviews

01/25/2011
You can help prevent hiring lawsuits with one simple tactic: Have two company representatives sit in on interviews. Then have both reps deliver the news when you have to tell an applicant she wasn’t selected. As this case shows, that extra effort can be insurance against a nasty “he said/she said” lawsuit.