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Discrimination / Harassment

Balance need for racial diversity against threat of reverse discrimination lawsuit

08/06/2010
Here’s a problem that isn’t going away anytime soon: Courts often look at the available labor pool when figuring out whether an employer’s hiring practices have a disparate impact on a protected class. If the employer is caught filling informal quotas to create a balanced workforce, members of other protected classes may sue for discrimination.

Remember, ADA disability requires substantial impairment of major life activity

08/06/2010

Some employees think that if they have a learning disability, they are automatically disabled and entitled to an accommodation under the ADA. That’s not necessarily so. Such employees still have to prove that their specific learning disability substantially impairs a major life function, such as learning.

Diagnosis just start of ADA assessment process

08/06/2010

The ADA protects Americans from discrimination based on disability. But to be classified as disabled, employees and applicants have to show that they have more than transient or minor problems. Even a diagnosis is only a starting point since different conditions affect people in varied ways. Each individual is assessed based on his or her unique situation to see whether the condition underlying a diagnosis substantially impairs a major life function when compared to the average person.

Bias charges false? Discipline isn’t retaliation

08/06/2010

Not every discrimination claim turns out to be true. Some may be exaggerated, others just downright false. If you investigate a complaint and conclude that it was untrue, you can and should discipline the employee.

Ohio Supreme Court OKs maternity leave waiting period

08/06/2010
Ruling against the Ohio Civil Rights Commission, the Ohio Supreme Court has ruled that a nursing home’s policy of requiring one year of service before providing maternity leave did not violate state law.

Win discrimination cases by showing that your rules apply equally to everyone

08/06/2010

Rules are no good if you follow them only some of the time. Uneven enforcement can cause lawsuits. If you have rules, enforce them. Drop those you don’t want to enforce. Otherwise, a supervisor may find it convenient to punish someone for breaking a rule that others are allowed to ignore.

Aggressively investigate harassment claims

08/06/2010

Employees who believe they have been sexually harassed may initially make only vague complaints about conduct that makes them uncomfortable. Then HR professionals have to decide what course to take. Should you launch a full-scale investigation? Or should you take the complaint at face value and ignore it?

Appeals Court limits reach of N.Y. human rights laws

08/05/2010

In a victory for employers, the New York Court of Appeals has limited the reach of both the New York state and New York City human rights laws. The issue arose when Manhattan-based Parade magazine terminated Howard Hoffman, who claimed he was fired because of his age.

Workplace bullying may soon be illegal in New York

08/05/2010
Abusive managers may be workplace monsters, but their behavior generally hasn’t subjected employers to liability if no particular protected class was the target of the abuse. That may be about to change in New York.

Boss’s affair isn’t grounds for employee suit

08/05/2010

It’s a misconception that anytime a supervisor has a romantic relationship with an employee, other employees can sue for sex discrimination. If that were the case, employers could be held liable for any number of legitimate (or unsavory) relationships between employees or even with outsiders.