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Discrimination / Harassment

Federal workers have 45 days to complain of bias internally

02/09/2011
Federal employees who allege disability discrimination have to complain to an internal equal employment opportunity officer within 45 days of the alleged discrimination—unless they can show their employer had a discriminatory policy (not practice). But that’s hard to do.

Bias lawsuit alert: If you use job tests, your legal team better include statisticians, too!

02/09/2011

Employment tests generally are a legal minefield. If members of a protected class score significantly lower than other groups, you can expect a lawsuit alleging the test had a disparate impact. And as the following case shows, even court-approved testing procedures are no protection.

Applicant filed for bankruptcy: Can you refuse to hire him?

02/08/2011

Have you ever thought of not hiring an applicant because he or she had previously declared bankruptcy? Maybe you thought that was discriminatory. But a court last month said, “Don’t worry.” Private employers won’t violate the U.S. Bankruptcy Code if they refuse to hire. But firing based on bankruptcy status is another story …

Houston strip bar peels off $60,000 to settle age bias suit

02/07/2011

The adult entertainment business trades on youthful vitality, but there’s no reason an older worker shouldn’t serve drinks in a strip club. So said the EEOC, which just reached a settlement agreement with the owners of Houston’s Cover Girls strip bar after they fired a 56-year-old waitress.

Vague bias claims won’t get far in federal court

02/07/2011
Some former employees think that filing a federal lawsuit is the best way to build up their bank accounts after being fired. Their complaints are often short on detail. Courts are beginning to toss out those complaints.

Court: Bigger workload could constitute retaliation

02/07/2011
When you warn supervisors not to retaliate against employees who complain about alleged discrimination, include this reminder: Seemingly little things—like increasing the employee’s workload or nit-picking about performance issues—can lead to a retaliation lawsuit.

Applicant has solid work history? That’s a legitimate reason for promotion

02/07/2011
Sometimes, it’s hard to distinguish one applicant from another. That’s especially true for unskilled positions. How do you choose? If one of the factors you use is work history, rest assured it is unlikely your choice will be challenged successfully.

Play it straight: When employee’s complaints become irrational, stick with sound procedures

02/07/2011

After a discrimination complaint has been found to be without merit, most reasonable employees accept their employer’s conclusions and go back to doing their jobs. But some become bitter, suspecting that HR and management are out to get them and interpreting every subsequent interaction as evidence of a hostile conspiracy. When this happens, the worst thing you can do is play into the fear.

Nacogdoches ATV dealer faces constructive discharge suit

02/07/2011
A former secretary at a Nacogdoches vehicle dealership says the sexual harassment there was so severe she had no choice but to quit. That’s the definition of “constructive discharge,” and it’s the basis of the lawsuit Jennifer Burch has filed against Eastex Tractor & Powersports.

You’re not a doctor! Don’t restrict pregnant employee’s work unless her physician says so

02/07/2011
Some old-school managers cling to outdated notions about how to treat pregnant employees. Kind gestures are fine, but watch out if a manager’s overprotectiveness results in women being denied promotions or opportunities to work when there’s no reason not to.