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Discrimination / Harassment

Court: Business burden won’t be allowed to stall EEOC case

12/09/2010

In a sign that courts will give the EEOC great latitude in investigating systemic discrimination charges, media giant Kable News Company has been ordered to provide the commission with a comprehensive employee list. The message for employers: Obstructionist legal strategies probably won’t work in EEOC cases.

EEOC: Harassment all in the family at Alton restaurant

12/09/2010
Tony’s Restaurant, a venerable eatery in Alton, Ill., outside St. Louis, has agreed to settle sexual harassment charges brought by the EEOC on behalf of three teenage girls who claimed they were victimized by a member of the family that has owned the restaurant for more than 50 years.

Track discipline by type, punish everyone fairly

12/09/2010

Employers that mete out similar discipline for similar kinds of misconduct rarely lose subsequent lawsuits, even if the court considering the case thinks the punishment was excessive or a poor business decision. What matters is evenhanded application of the rules, not whether the rule is good or bad.

Beware trend: Workers acting as own lawyers

12/09/2010
If former employees decide to sue, they’ll find themselves competing for lawyers to represent them. Increasingly, those former employees simply file their own lawsuits. And judges give them every possible break since they aren’t expected to know the tricks of the legal trade.

Take careful notes during all exit interviews

12/09/2010

Employees often reveal their true feelings during an exit interview, and they frequently wind up burning bridges in the process. Smart employers take notes during exit interviews, especially if they hear something that makes them wonder whether the employee should ever have been hired in the first place, let alone rehired for any future openings.

When customers practice discrimination, employer may pay

12/09/2010

Most employers are well aware that it is unlawful for them to discriminate on the basis of race, gender and other protected classes or characteristics. But what about when a customer demands service on a discriminatory basis? What if a client says she wants to be served only by someone of a certain race? A recent case shows how an employer can run afoul of the law in such a circumstance.

When riffed employee sues for discrimination, back up your actions with documentation

12/09/2010

Sometimes, courts are suspicious of an employer’s claim that it conducted a reduction in force if it can’t support the claim with facts and figures. Supply the data and make the court comfortable with your company’s decision.

Leave disciplinary wiggle room in handbook

12/09/2010

Here’s a tip if you are revising your employee handbook: When it comes to discipline, make sure you give yourself some flexibility to deal with unusual circumstances. For example, if you want to use progressive discipline, be sure to account for the rare situations that may warrant immediate suspension or discharge.

GINA’s effect on wellness programs

12/09/2010
To help you better understand your obligations under the Genetic Information Nondiscrimination Act of 2008 (GINA), we’ve assembled these resources:

Supreme Court will hear Walmart case — nation’s biggest-ever wage bias class action

12/07/2010
The Supreme Court has agreed to hear an appeal in the pay discrimination lawsuit everyone is watching. Walmart is asking the High Court to overturn a 9th Circuit Court of Appeals ruling in April that allowed a class-action suit alleging widespread discrimination against women to proceed. At stake: potentially $1 billion or more—and the future of high-stakes class-action cases.