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Discrimination / Harassment

Allen debt counseling firm sued for race bias, FLSA violations

01/07/2011
Two former salespeople are suing Greenshield Financial Services, a debt consolidation firm based in Allen, claiming the company is racially biased and failed to properly pay them for overtime hours.

EEOC sues Houston firm over mandatory retirement

01/07/2011
The EEOC says a Metallic Products’ policy of requiring employees to retire at age 70 is a violation of the Age Discrimination in Employment Act (ADEA) and is suing to make it stop.

Muslim manager springs lawsuit on Jack in the Box

01/07/2011
A former manager of an East Texas Jack in the Box fast food restaurant is suing the chain for discrimination on the basis of national origin and religion.

Bias complaint won’t fly if everyone was equally qualified

01/07/2011
Job applicants or employees looking for promotions who think they were passed over because of a protected characteristic like race or sex generally have to show that they were the best, most qualified candidate.

Firing? Follow the 2-and-1 rule: Two company reps, one reason for termination

01/07/2011

Have at least two managers represent the company at any termination meeting. That way, the fired employee can’t make exaggerated claims about what happened during the meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that one reason.

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

01/07/2011
Some old-school managers cling to outdated notions about how to treat pregnant employees. Watch out if over-protectiveness results in women being denied an opportunity to work when there’s no reason not to.

Emotional distress suits: Court says employers can access medical records going back 2 years

01/07/2011
Employers have a right to defend themselves if an employee sues them for discriminating in a way that inflicts emotional distress. Now a court has agreed that employers are entitled to see medical records dating back two years from the time of the alleged discrimination that the employee says triggered the emotional distress.

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.