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Discrimination / Harassment

Put the brakes on out-of-control lawsuits! Stop retaliation before it starts

10/04/2010

Among the many hassles of being sued is the simple fact that once a lawsuit is filed, it’s hard to stop. And if a discrimination case, for example, ends up before a jury, all bets on the outcome are off. While you can’t prevent every possible discrimination complaint, you do have control over cases charging retaliation.

Document every reason for firing employee

10/04/2010

When an employee tries to challenge his employer’s decision to discharge him based on some form of discrimination, he has to show that the reasons for the firing weren’t legitimate. It’s not good enough to knock down just one of the reasons. He has to show all of them were suspect. That’s why it’s important to document in your files each legitimate discharge reason—at the time you make the decision.

Poor attitude and work ethic? Don’t give that promotion

10/01/2010

You want to promote the most capable and promising employees and encourage low performers to improve. That may mean pointing out some painful realities when an employee is passed over for promotion. Done sensitively, pointing out poor attitude and lack of a strong work ethic won’t fuel a lawsuit.

Hey, boss, you better call HR! Warn managers against trying to resolve complaints informally

09/30/2010

Sometimes, managers and supervisors just want their employees to get along and get their work done. When they hear someone complaining about sexual or other harassment, they may be tempted to blow it off as a distraction and just ignore it or tell the co-workers involved to stop it. That’s not good enough.

Unlike employees, partners can’t pursue bias claims under employment laws

09/29/2010

If your business is a professional practice like law, medicine or accounting, it may have partners or shareholders who receive paychecks. Such shareholders probably can’t sue for discriminatory practices under Title VII and other employment laws. But when is a person considered a shareholder or partner?

Prayer breaks: Know what’s ‘reasonable’

09/28/2010
Employers generally are required to accommodate employees’ prayer breaks. Arriving at a reasonable accommodation requires a give-and-take discussion with the worker. But be aware that courts will frown on accommodations that wreak havoc on the employee’s life, such as switching the person to the night shift to avoid prayer-break issues.

3 former female execs sue Goldman Sachs

09/27/2010
Only on Wall Street can you make $800,000 a year and claim that you’re underpaid. But three women who used to earn big bucks at Goldman Sachs are suing because they could have earned even more if they were men.

When investigating bias, there’s fast … and too fast

09/27/2010
You no doubt know you should act fast to investigate when employees complain about discrimination. But that doesn’t mean you need to rush to complete your inquiry in just one day.

Will harassment suit burn Hillsborough pizzeria?

09/27/2010
The EEOC has filed suit against Vinny’s Italian Grill in Hillsborough, claiming it fired two women after they complained about a manager’s ongoing sexual harassment.

Congress probes bias at Air Marshal’s Cincy office

09/24/2010
The Cincinnati field office of the Federal Air Marshal Service faces a Congressional inquiry after being named as the defendant in six civil rights lawsuits and 15 EEOC complaints. U.S. Rep. Ed Towns, D-N.Y., and U.S. Sen. Bill Nelson, D-Fla., have called for the investigation.