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Discrimination / Harassment

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.

Bias alert: Beware positive stereotypes, too

01/14/2011
Typically, employees who file discrimination cases try to show that their employers treated them poorly because of preconceived notions about members of their protected class. But stereotypes that at first blush seem positive can also be the basis for a bias claim, as this recent case shows.

Hire education: Filling job positions without inviting lawsuits

01/14/2011

Employers operate in an increasingly complex legal environment, made all the more difficult by the tough economy. Hiring has emerged as a particular trouble spot. You need to hire and maintain a skilled and productive workforce, but you must watch out for legal liability that can surface in the process.

Gophers’ would-be women’s golf coach alleges bias

01/14/2011
When Katie Brenny, a Little Falls native and former state high school golf champion, took a job at the University of Minnesota, she thought she was going to coach the women’s golf team. When that didn’t happen, she called a lawyer who is now threatening a lawsuit.

Make sure documentation backs up reason for firing

01/14/2011

Fired employees often sue, alleging that they were treated less favorably than other employees outside their protected class. To prove that in court, employees have to show that the other employees committed the same violation or mistake and weren’t fired. That’s hard to counter if your records aren’t clear and complete.