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Discrimination / Harassment

Use absenteeism point system to avoid favoritism disputes

09/21/2010
Many employers use a point system to punish absenteeism, firing employees who accumulate too many points. Such a system negates the need to track the total number of hours of work an employee misses, since the employer is counting points rather than time.

Base all decisions on legit business needs–and then be sure to document your reasoning

09/21/2010

Smart employers don’t make any decisions that affect employees without documenting the reasons. You may never need that documentation, but it’s good to know it’s available. It could come in handy if an unhappy employee claims the real reason behind the decision was discrimination.

When petty office squabbles boil over, take solace in one thing: It’s probably not a federal case

09/21/2010
No workplaces are perfect. Co-workers, supervisors and subordinates don’t always have others’ best interests at heart. When it comes to interoffice feuds, employees won’t find much help in federal anti-discrimination laws. Those laws don’t guarantee a workplace free of friction and ambition—just one that’s free of illegal bias.

‘Fairness’ audit prevents surprise liability

09/21/2010

It’s hard to control what low-level supervisors are doing—especially when it comes to distributing work in a commissioned sales environment. Your best protection is to conduct a self-audit of all leads. Make sure everyone is getting a fair cross-section of leads based on easy-to-understand metrics.

Alert: Key EEOC reporting deadline is next Thursday

09/21/2010

Most large employers (and federal contractors) have just a few days to submit key employee demographic data to the EEOC. The deadline for filing EEO-1 reports is next Thursday, Sept. 30. Find links to the EEOC’s online reporting system and an explanation of what you need to report.

Courts frown on bosses blaming subordinates for shortcomings

09/20/2010

Here’s something to consider when disciplining a supervisor or manager: She probably won’t be able to get away with blaming a subordinate for her own poor performance. Employers are entitled to expect managers to manage.

Weight discrimination: The next big protected category?

09/20/2010
Can employees be fired for being too fat? The topic is heating up, due in part to national headlines gained by two Hooters waitresses in Michigan who claim they were fired for being overweight. A judge has given them the green light to bring their cases to trial. 

When it comes to discrimination, the customer isn’t always right

09/16/2010
Employment discrimination has been illegal for decades, but prejudice lives on. Even if bigoted customers insist on discriminating because of race, employers must still comply with the law.

Document specific reasoning behind differing punishments

09/16/2010
Many employers keep their disciplinary policies vaguely worded because they want some flexibility in dealing with employee behavior. That’s fine as long as you carefully document why you are punishing one employee more harshly than another.

EEOC dragging its feet? Don’t get complacent

09/16/2010

The EEOC often takes its sweet time preparing cases for litigation. Don’t let the foot-dragging lull you into inaction! Treat the case as if it will eventually end up in court. Gather any documentary evidence now before it disappears or employees who know the details retire or quit.