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Discrimination / Harassment

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.

Cable firm’s clear signal: Best to settle bias suit

12/06/2010

After initially refusing to settle a sex discrimination case alleging the company would not hire female technicians, Parma-based Digital Cable and Communications seems to finally get the picture. Several women sued the cable company, claiming they lost out on jobs to less-qualified male applicants. Facing litigation, the company elected to settle.

Insist that managers conduct interviews–even if they already ‘know’ who’s best for the job

12/06/2010

Supervisors may think they know all the candidates for promotion so well they can select one without actually interviewing any of the interested employees. That’s a big mistake. Chances are that if one of the disappointed applicants sues, the supervisor will have to answer very specific questions about the hiring process.

Consider uniform, ADEA-compliant severance and rights-waiver releases–even if age isn’t factor

12/06/2010
There’s a way to make it easier to get severance agreements for older workers to stick. Instead of a general severance agreement for most employees, and a special ADEA-compliant one for older workers, use a uniform agreement that complies with the ADEA for all severance agreements. That’s what one employer recently did. When the former employee who signed the agreement tried to get out of it, the court refused.

Head off harassment suits: Review all firings

12/06/2010
Quid pro quo harassment cases, in which a supervisor makes a pass at a subordinate and then punishes her if she rejects the advance, are hard for employers to defend. Your best bet is prevention. Institute a review process for all adverse employment actions such as demotions or terminations. Require a second signature before any firing becomes final.

Unemployed: A new protected job-discrimination category?

12/06/2010
With unemployment still running near 10%, employee advocacy groups are speaking out against want-ads that say “applicant must be currently employed” or “do not apply if unemployed.” A petition drive is pushing Congress to make it illegal to discriminate against unemployed people.

Court: Employee can be late filing bias claim with state and still retain 300-day EEOC window

12/02/2010
In many states, including New York, employees have 180 days following an allegedly discriminatory act to file charges with either a state or local discrimination agency. They have 300 days from the allegedly discriminatory act to file with the federal EEOC. But what if the employee files her state claim too late?

When disgruntled employees act as their own lawyers, patience may be your winning strategy

12/02/2010
More and more employees and applicants are filing their own lawsuits and acting as their own attorneys. Traditionally, courts allow these pro se litigants a great deal of latitude simply because they don’t have legal experience. If the following case is any indication, courts are getting tired of the additional drag on their dockets and have begun dismissing lawsuits when it becomes clear a pro se litigant has no case.