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Discrimination / Harassment

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.

Pinellas uniform company to try on age-bias suit

10/13/2010

Fifteen former employees of a Pinellas uniform company have filed suit against the company, claiming its latest rounds of job cuts violated the Age Discrimination in Employment Act. In a combination of outsourcing and downsizing, Superior Uniform shipped some jobs to El Salvador and eliminated positions at its plant in Seminole.

Don’t fear retaliation claim if job changes are minor

10/13/2010

Employees who sue claiming discrimination have to show they endured some sort of adverse employment action, such as a demotion or termination. But what about changes in assignments, such as a new sales territory?

The HR I.Q. Test: October ’10

10/13/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Make sure managers know laws against employee discrimination

10/12/2010

Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.

Casual question about bias isn’t protected activity

10/12/2010
Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.

Firing new mother? Better have a good reason

10/12/2010

Terminating someone who is pregnant or who just gave birth can be dangerous. If you must fire her, make sure you can provide clear and consistent reasons. Tell supervisors they should never make comments that sound as if the real reason is pregnancy.