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Discrimination / Harassment

Take action to separate, investigate as soon as you hear sexual harassment allegations

11/15/2010

Juries are unpredictable, so smart employers do everything they can to avoid a jury trial. That’s especially important when an employee claims sexual harassment. It’s critical to investigate sexual harassment allegations as soon as they surface. Then act fast to separate the involved employees before more harm is done.

Assigning drivers by race delivers suit to DHL

11/15/2010
DHL Worldwide faces charges it effectively segregated its workforce by assigning black drivers to routes in black neighborhoods, and white drivers to routes in white neighborhoods. The EEOC has filed suit in federal court based on more than 20 discrimination complaints filed by black delivery drivers.

Discrimination or paranoia? Courts can distinguish

11/15/2010
Courts are beginning to get tough on employees who say they had no choice but to quit and then sue for alleged discrimination.

Court: We assume you’re not biased against Americans

11/15/2010
An applicant for an adjunct professor position at a for-profit educational institution has lost her bid to advance a lawsuit alleging discrimination against Americans. The court noted that it takes more than a mere allegation to litigate a suit charging discrimination against the majority.

Use exit interviews to identify patterns of supervisor’s hidden discrimination

11/15/2010

Do you suspect a rogue supervisor is driving away employees belonging to a protected class? If so, begin asking tougher questions during your exit interviews. For example, if several black employees who work under the same supervisor have quit or requested transfers, find out why. The problem may be a biased supervisor …

Set up systems to prevent employee sabotage

11/12/2010

Employees often have legitimate reasons for accusing their employers of retaliation. But sometimes, employees themselves retaliate against a company, either out of malice, or to head off being fired. That’s one reason it pays to try to anticipate employee misfeasance and guard against sabotage.

Stop lawsuits by double-teaming hiring process

11/11/2010

You can help lawsuit-proof your hiring process by relying on strength in numbers. Have two company representatives sit in on interviews. Then have both reps deliver the news when you have to tell an applicant she wasn’t selected. That’s insurance against a drawn-out he said/she said lawsuit.

Despite recent 8th Circuit ruling, stamp out ‘equal-opportunity harassment’ to keep harmony

11/11/2010

Here’s some food for thought: Failing to stop an employee from harassing women and men alike may be legally acceptable, but is probably still ill-advised. An employer that allows such conduct may escape legal liability, but that tolerance may make the workplace unattractive to good employees. Plus, it probably won’t be as productive as it would be with good anti-harassment policies in place.

Divided court may mean trouble for employers

11/11/2010
A decision by a panel of the 8th Circuit Court of Appeals may mean changes are coming for employers accused of tolerating racial bias. Two of three judges on the panel concluded that an employer wasn’t liable for a series of co-worker comments that were arguably racist.

HR gossip girl: The risk of divulging employees’ secrets

11/09/2010
As an HR professional, you have an open door. And you’re always encouraging employees to ask questions about their benefits. But sometimes, that door needs to be shut … and so should your mouth. As a new lawsuit shows, repeating even the question asked by an employee can trigger a multi-claim lawsuit …