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Discrimination / Harassment

Warn bosses: Hiding harassment will backfire

09/16/2010

Some low-level supervisors think a sexual harassment complaint will go away if they ignore it or get everyone except the victim to deny the allegations. It almost always backfires. Here’s why: Courts are willing to let juries decide who is telling the truth, even if it is one worker’s word against many.

The curious case of the cubicle exorcism

09/15/2010
Do you have overtly religious employees in your workplace? The EEOC says you must “reasonably accommodate” their religious beliefs and practices. But you can (and should) step in when that religious zeal crosses the line into religious harassment. Just make sure you treat all employees consistently—or you’ll be praying for the lawsuit to go away …

You can insist on investigation confidentiality

09/10/2010

Make it a policy to keep it confidential when conducting internal investigations into discrimination or harassment. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story. Employers that terminate employees for violating that confidentiality needn’t worry that doing so is retaliation, at least according to a recent 11th Circuit decision.

EEOC takes on ‘Cheaters,’ settles harassment case

09/09/2010

The Dallas-based owners and producers of the “Cheaters” syndicated television show—which highlights cases of sexual infidelity—have agreed to pay $50,000 to settle an EEOC sexual harassment lawsuit. Among the allegations: Two female office assistants were subjected to sexually explicit remarks and unwelcome touching by the company’s owner and upper-management staff.

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.