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Discrimination / Harassment

Don’t assume temps are independent contractors

09/24/2010
Some temporary agencies and employee-leasing firms sell their clients on the idea that temp workers won’t be employees of the client. Instead, they will be either independent contractors or employees of the temp agency. Those claims may not hold up in court, because North Carolina has strict tests for who is an employee and who isn’t.

Doylestown bans discrimination on basis of sexual orientation

09/24/2010
The Doylestown Borough Council has unanimously passed an ordinance banning discrimination in employment, housing and public accommodations based on sexual orientation. The law protects lesbian, gay, bisexual and transsexual people from discrimination.

Judge approves disability bias class action against SSA

09/24/2010

An EEOC administrative law judge in Philadelphia has agreed to allow a group of disabled workers to bring a class-action discrimination lawsuit against their employer, the Social Security Administration. The suit alleges the SSA has created a glass ceiling for employees with certain targeted disabilities.

Duquesne Law revisits the lawsuit that wouldn’t die

09/24/2010
Some employee lawsuits just won’t go away. Duquesne Law School in Pittsburgh is still embroiled in litigation it thought had ended three years ago—because a savvy employee has added new claims to an old sex discrimination and sexual harassment lawsuit.

Failure to interview for promotion can be retaliation

09/24/2010
Employees who complain about alleged discrimination and experience retaliation can sue even if it turns out they don’t have a valid discrimination case. And almost anything that would dissuade someone from complaining in the first place is retaliation.

Watch out when firing for breaking unwritten rule

09/24/2010
Before you approve a termination based on an employee’s apparent violation of an unwritten rule, decide whether the reason can stand up to scrutiny.

Beware! Your ‘neutral’ rule may invite lawsuit

09/24/2010
So your work rules are fair and neutral. There’s no way employees belonging to a protected class would sue you, alleging the rule has a disparate impact. Guess again—it happens. Consider this recent case, which has resulted in years of legal wrangling.

Ensure fair distribution of work opportunities

09/24/2010

Does your company employ salespeople who are responsible for meeting certain benchmark goals? If so, be sure you have some way to check that everyone competes on an even footing. That includes ensuring that things like territories and leads are distributed in a way that doesn’t favor members of one group at the expense of another.

EEOC: Railroad had two disciplinary tracks–one for whites, one for blacks

09/24/2010
CSX, the Jacksonville-based freight railroad, faces racial discrimination charges after it disciplined a black train engineer and conductor working out of its Cincinnati yard.

How seriously should we take allegations of female-on-male sexual harassment?

09/24/2010
Q. A male employee recently complained to HR that a female co-worker was sexually harassing him. Do I have to investigate this claim the same as I would a claim by a woman against a male co-worker?