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Discrimination / Harassment

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.

Tuscarora Yarns pays to get untangled from suit

12/22/2010
Tuscarora Yarns, based in Mount Pleasant, has agreed to settle an EEOC lawsuit filed on behalf of a former employee who says she lost her job after accusing a plant manager in Oakboro of sexual harassment.

Protect your good reputation–it makes suing more difficult

12/22/2010
Here’s one good reason to protect your reputation as an employer that doesn’t discriminate: It raises the lawsuit bar. Applicants actually have to try for a job before suing.

Employee wants transfer to avoid harassment? Be sure to note that she requested it

12/22/2010

Here’s a tip that can save you from a nasty retaliation lawsuit following the transfer of an employee who has claimed sexual harassment. If she’s the one requesting the move, be sure to document that request very carefully. She may later claim that the transfer was retaliation for complaining.

When worried about religious accommodation, keep lines of communication open

12/22/2010
Employers are supposed to accommodate all religions and their practices when reasonable. If you don’t train managers to handle accommodation requests with dignity, you may find yourself facing a religious discrimination lawsuit.

When worker claims bias or harassment: document, investigate and communicate

12/22/2010

Smart employers respond to every harassment and discrimination complaint and follow up even if they believe there was nothing to the complaint. But some employers ignore this simple advice and choose to blow off employee complaints instead of logging them, investigating and making a determination about what happened. That’s a huge mistake.

Job discrimination claims hit all-time high

12/22/2010
A triple-whammy of forces—new laws, new EEOC outreach programs and ongoing economic malaise—helped push the number of employee job discrimination claims to 99,922 in federal fiscal year 2010, the highest annual total in the EEOC’s 45-year history.