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Discrimination / Harassment

Bay Area worker files sexual orientation harassment suit

10/15/2010
A former clerical worker is suing a San Francisco Bay Area-based trucking company, claiming he was harassed and subsequently fired for asking about medical benefits for his same-sex partner.

Sending Form 1099 to IRS doesn’t amount to retaliation

10/15/2010

Sometimes, settling a discrimination complaint may mean paying the employee several thousand dollars. That payment may or may not be taxable. Employers often send a 1099 miscellaneous income form to the IRS. Some employees think this is a deliberate effort to alert the IRS to their miscellaneous income and amounts to retaliation. Courts disagree.

Ignore female-on-male harassment at your peril

10/15/2010

Most often, sexual harassment involves a man’s inappropriate behavior directed toward a woman. But that doesn’t mean you can ignore female-on-male harassment. Simply put, both sexes are entitled to a workplace free of sexual harassment—and employers are obligated to stop such harassment when they find out about it.

Employee became disabled? Adjust expectations

10/15/2010

If a good employee has a sudden medical emergency and returns to work with lingering physical challenges, take his reintegration slowly and with compassion. Now is not the time to push him to perform exactly as he did before he became disabled. Otherwise, you may end up with a disability discrimination lawsuit on your hands.

High Court rejects university boss’s reverse-bias claim

10/15/2010
The Minnesota Supreme Court has rejected a retaliation lawsuit that alleged reverse discrimination at Capella University, the nationwide online institution of higher learning based in Minneapolis.

Library cuts lead to bias suits, a new union and spiraling costs

10/15/2010
Faced with falling revenue, the counties that fund the Great River Regional Library System last year implemented what they hoped would be cost-saving measures. The unwanted results: Two age-discrimination lawsuits, the unionization of library managers, higher unemployment comp costs and spiraling legal fees.

Know when to settle! Even small jury awards can lead to huge attorneys’ fees

10/15/2010
Need a way to sell a possible lawsuit settlement to managers? Try explaining that even a small jury award can mean having to pay huge attorneys’ fees on the employee’s side, in addition to the company’s own legal costs.

Layoffs looming? OK to consider training participation when deciding who goes

10/15/2010

Like other employers, your organization probably is trying to use employees as efficiently as possible. That may include eliminating some jobs and training employees to pick up additional tasks. You may want to consider creating a cross-training program before deciding which employees to terminate. Those who show a willingness to learn new skills and the ability to perform them well are probably the “keepers” on your staff. Just make sure you offer everyone the same opportunity to learn.

Don’t count on EEOC reimbursement if you win

10/15/2010

If an employer loses a discrimination case, it typically has to pay the employee’s legal fees and associated costs (plus any damages due). But what if the case is championed by the EEOC and the agency loses? Surely it has the money to reimburse the employer it dragged into court. Fat chance you’ll recoup those costs, if this recent Minnesota case is any indication.

Make sure you retain all applicant information

10/15/2010

You may never see it coming: A disappointed applicant sues you after you give the job to someone else. However, you can be prepared—if you have held onto all documents and materials related to the hiring process. If you wind up in court and need to show why you didn’t select an applicant, those records may provide the rationale.