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Discrimination / Harassment

Track rationale for all discipline decisions

08/27/2010

Employees who sue for discrimination usually have to show they were punished more harshly than other employees outside their protected class. Counter such claims with specifics. While you may have punished 10 employees this year for breaking the same rule, chances are that each case was unique—and that you made the punishment fit the crime. That’s fine.

Apple co-op settles sex and race harassment complaints

08/27/2010
The farmers’ co-op that produces Musselman’s applesauce has settled an EEOC sexual and racial harassment complaint filed by eight Mexican-American women who worked at a factory in Gardners.

Riffed Latrobe staff wants EEOC inquiry: Was bias involved?

08/27/2010

Like many municipalities, the city of Latrobe is struggling with falling revenue. City Manager Rick Stadler attempted to address the city’s shortfall by eliminating six clerical positions, while the Office of City Administration cut two staffers. Now all eight employees have requested an EEOC probe into the terminations to determine if they violated anti-discrimination laws.

When the riffed ‘group’ is just one worker, expect a lawsuit

08/25/2010

When the borough of Netcong implemented a reduction in force, 28-year employee Delores Colabella was the only employee whose position was eliminated. Colabella suspected her termination might have something to do with her age. She’s 72. Now she is suing the borough for age discrimination.

Courts don’t require employers to have crystal balls

08/25/2010

Sometimes, people sue everyone they believe may somehow have been responsible for their misfortunes. When someone has been seriously harmed by one of your employees, your organization becomes an attractive target. Fortunately, an employee’s past conduct unrelated to the allegation won’t put the employer in hot water.

Bad news: You’re going to be sued–Good news: Be fair and you’ll win

08/25/2010

It’s a fact of life: As an HR professional, you and your employer will be sued. You can’t tell which applicant, employee or former employee will litigate, but you can be prepared. Insulate yourself and your company by reviewing all decisions for fairness. For example, something as seemingly minor as failing to provide small incentive-based benefits can mean a long and expensive lawsuit.

Safety trumps faith: Feel free to ban religious garments if they pose a workplace hazard

08/25/2010
Employees have the right to wear religious garb to work, within limits. Under most ordinary circumstances, for example, Muslim women should be allowed to wear head coverings if they hold the sincere belief such coverings are required of their religion. But if the head covering presents a safety issue, chances are an employer can ban the covering.

Partner or employee? Degree of control matters

08/25/2010
If yours is a business engaged in professional practices like law, medicine or accounting, your organization may have partners or shareholders who receive paychecks. Know that such shareholders probably can’t sue for discriminatory practices under Title VII and other anti-discrimination and employment laws.

Fear lawbreaking? Document before firing

08/25/2010

Some employers don’t necessarily want to confront an employee directly when they suspect that he may be engaged in illegal activity. The threat of violent reprisal is very real. If you fire the employee, he may sue, alleging some form of discrimination. But if you have documented why you did what you did, chances are the lawsuit will be dismissed.

State Supreme Court rules on minority and female preference

08/23/2010
Some local California governments have to give preference to minority- or female-owned contractors. Now in an odd twist, the California Supreme Court has said that such preferences are legal only if the local government can show it does in fact discriminate. That could end such preferences.