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Discrimination / Harassment

Does the Port Authority pay female attorneys less than men?

11/24/2010

The EEOC has sued the Port Authority of New York and New Jersey, alleging it pays male lawyers much more than women who perform the same work. On behalf of three plaintiffs, the EEOC seeks class certification for all female attorneys affected by the allegedly discriminatory pay policies.

When employee sues, beware whistle-blower add-on that alleges violation of public policy

11/24/2010

New Jersey’s Conscientious Employee Protection Act protects employees who blow the whistle on wrongdoing. That can include reporting conduct that the employee reasonably believes violates “a law, rule or regulation … or a clear mandate of public policy.” The employee doesn’t have to get very specific, especially claiming he blew the whistle on conduct that violates public policy.

Make sure post-firing documentation doesn’t pile on extra reasons for termination

11/24/2010
Remember this the next time you have to terminate an employee: If you plan to prepare a post-discharge summary, don’t succumb to the temptation to add new reasons to justify the firing. Post-discharge memos should simply describe the decision and how you carried it out, not look like an attempt to justify a decision made earlier.

N.J. may add another protected category: the unemployed

11/24/2010

It may soon be illegal for New Jersey employers to discriminate against applicants because they are unemployed. The State Assembly in October passed legislation prohibiting employers and recruiters from placing anything in job ads that would discourage unemployed persons from applying.

Tell bosses: Don’t nudge staff into retirement

11/24/2010

Remind supervisors to avoid comments that could be interpreted as pushing soon-to-retire workers out the door. If an older employee has to be terminated, a supervisor’s not-so-subtle hints at retirement will make it easier to persuade a court that age was the supervisor’s true reason for the firing.

Can deciding not to discipline lead to court?

11/22/2010

It happens: A supervisor wants to discipline an employee, but HR or upper management nixes the idea because it knows something the boss doesn’t. Perhaps the employee had suffered discrimination in the past and was placed in a new position for a fresh start. Be prepared for legal fallout if you wind up disciplining the supervisor.

Can our harassment policy penalize false claims?

11/19/2010
Q. Can we implement a provision on our sexual harassment policy that imposes discipline on employees who bring false harassment claims?

With eye toward defending disability lawsuit, track medical condition before termination

11/19/2010

The 9th Circuit Court of Appeals has concluded that a former employee can’t use his physical condition at the time of trial to prove he is disabled. Instead, he must show that, at the time he was employed, he had a condition that substantially limited a major life function. The ruling is good news for employers.

You must try to prevent co-worker harassment–but you’re not expected to be clairvoyant

11/19/2010

With co-worker harassment, employers are responsible only if they already knew the harasser was trouble because other employees had already complained about harassment, or the harassed employee had previously complained that she felt uncomfortable or harassed. Fortunately, employers don’t have to be clairvoyant.

Ban all supervisor comments about workers’ ages

11/19/2010

Here’s something to include in your regular supervisory training sessions: Remind everyone that they should banish from their vocabularies any slang or colorful terminology that hints at age discrimination. “Ageisms” can make legitimate business decisions like altered compensation plans, new job duties and other necessary changes look like pretexts for getting rid of older workers.