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Discrimination / Harassment

Stop lawsuits cold: Launch immediate investigation when bias accusations fly

01/07/2011

Some managers worry needlessly that they will be sued for discrimination if they fire an employee—especially one who acts as though she has a chip on her shoulder. But as long as an internal investigation finds that the employee hasn’t been discriminated against because of a protected characteristic, you likely have little to worry about.

When harassment case is on the line, be ready to prove you did everything you could to stop it

01/07/2011
Employers have an obligation to try to prevent harassment when it erupts. But courts often give an “A” for effort. They won’t measure your efforts solely by whether your prevention strategy worked.

Worker always complaining? Investigate anyway

01/07/2011

Some employees gripe all the time. You know them: They’re the ones who regularly appear in your doorway, ready to file yet another complaint with HR about supposed unfair treatment and discrimination. No matter how groundless, look into their claims.

How to Respond to an EEOC Complaint: 10 Steps to Success

01/04/2011
The EEOC and state and local agencies have been filing more administrative charges in recent years and that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond: 1. Tell the whole story Often, […]

EEOC issues new mandatory poster highlighting GINA

01/04/2011
It’s time to update your break-room bulletin board. The EEOC has issued a new “EEO is the Law” poster that most employers must display, now including information on employee rights under the recently enacted Genetic Information Nondiscrimination Act. Download it here.

Investigation must be reasonable–not perfect

01/03/2011

Have you worried that your investigations into employee wrongdoing aren’t good enough? Stop fretting. As long as your investigations are fair and reasonable, they don’t have to be perfect. The workplace isn’t a court of law, and employers don’t have to prove beyond a reasonable doubt that an employee broke a rule.

Understanding Minnesota’s personnel record requirements gives you a leg up during litigation

01/03/2011
Minnesota’s personnel record rules can cause problems for employers that don’t operate primarily in the state. For example, employers that aren’t used to the rules may not realize that employees can challenge the truthfulness of information in personnel records and then sue for defamation.

Document all discipline, every complaint

01/03/2011

Some employees may manufacture complaints when they think they’re in trouble at work. That’s why it’s so important to maintain good records of all work problems, discipline and complaints. Employers that can prove they were raising concerns about performance before the employee complained about discrimination or harassment effectively cut the causal link between the complaint and the alleged retaliation.

Credibility plays part in handling harassment

01/03/2011

When you have to fire a protected-class employee for sexual harassment, there’s always the fear that he will turn around and sue for discrimination. But remember: Credibility plays a part in deciding what happened in cases of alleged harassment. If a respected and trusted employee made the harassment accusation, the fired worker will have a hard time winning a lawsuit.

When conducting bias investigations, you don’t need to be perfect–just reasonable

12/31/2010
Here’s a bit of good news for HR professionals who worry that they aren’t conducting perfect investigations. Courts just want to see employers act reasonably. That doesn’t mean investigations must prove employee misconduct beyond a reasonable doubt.