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Discrimination / Harassment

Take all racial harassment complaints seriously

09/08/2010
When an employee complains about racial prejudice or harassment, don’t brush it off. Instead, act right away. Even a briefly hostile environment may mean a big award.

Offer several ways to complain of harassment to guard against supervisor inaction

09/08/2010

The best sexual harassment policy sets up many ways for employees to lodge complaints. Here’s why: Sometimes low-level supervisors don’t take harassment as seriously as they should. If your sexual harassment policy tells employees to complain to their bosses without offering an alternative, they could become frustrated or angry. Plus, the alleged offensive behavior could very well escalate.

You don’t always have to be right–just honest

09/08/2010
Don’t fret needlessly that every decision you make is the absolute correct one. What really counts is that you acted fairly and honestly. Good faith is all that is required, as the following case shows.

When employee complains of bias or harassment, beware acting in ways that look like retaliation

09/08/2010
An employee who files an EEOC or internal complaint about alleged discrimination or harassment might quite naturally be nervous that her action will result in adverse consequences. That’s why employers have to be certain that any discipline, demotion or changes in working conditions can be justified for valid business reasons before they are implemented.

Lateral transfer denied? Employee could sue

09/08/2010

Generally, being denied a lateral transfer can’t be the basis for a discrimination lawsuit because it isn’t an adverse employment action. However, sometimes employees try to make that case—and succeed. If the transfer would have provided other benefits that can’t be directly measured in dollars and cents, a court may consider the case as one of a denied promotion.

One sex always does the dirty work? Be prepared to show that it’s essential

09/06/2010

If supervisors disproportionally push either men or women to perform certain distasteful or dangerous tasks, you could face a sex discrimination claim. If that happens, you had better be prepared to show that gender is a bona fide occupational qualification for the tasks.

First Transit sued over criminal background checks

09/03/2010
Cincinnati-based First Transit faces charges that its policy barring all applicants who have a felony conviction disparately impacts minorities and therefore violates the Civil Rights Act.

EEOC sues Safelite Glass for sexual harassment

09/03/2010
Columbus-based windshield replacement company Safelite Glass is facing EEOC charges following allegations that an HR manager in North Carolina sexually harassed a female employee.

Woman who wasn’t pregnant wins pregnancy bias settlement

09/03/2010

A Cincinnati Pizza Hut franchisee, the Twins Group, has settled a pregnancy discrimination lawsuit that alleged the company illegally inquired about a female employee’s health, shared her confidential medical information with co-workers, reduced her hours and ultimately terminated her because she was pregnant. One of several problems: She wasn’t pregnant.

‘Sex-plus’ discrimination claims hard to prove

09/03/2010

When an employee alleges she was treated differently on account of the combination of her sex and some other characteristic, that’s called a “sex-plus” claim. Employees who sue must show that the employer gave preferential treatment to a member of the opposite sex with the same second characteristic.