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Discrimination / Harassment

Stamp out harassment fast–or risk EEOC case that snowballs out of control

08/18/2010

You may think you have a problem when a single employee complains to the EEOC that he’s been the victim of race discrimination, harassment or some other form of bias. That’s nothing compared to what happens when that one complaint mushrooms into a class-action lawsuit. That can easily happen if harassment involves such flashpoints as hangman’s nooses, racially derogatory comments, racial epithets or graffiti.

Cutting jobs? Prepare to show a solid business reason

08/17/2010
When a 64-year-old worker sued for age bias, his employer pulled out documentation showing a big budget gap that required the elimination of several positions. The court said that when a legitimate RIF occurs, an employee has to provide “direct, circumstantial or statistical evidence” showing age bias. He couldn’t.

Does your wellness program clash with new genetic bias law?

08/17/2010
Approximately 70% of employers sponsor wellness programs designed to drive down health care costs, reduce absenteeism and promote better employee health. But now, the Genetic Information Nondiscrimination Act has muddied the wellness waters. Learn how to comply while still offering incentives for employees to participate in your wellness program.

Race bias: Do the math … or the EEOC will do it for you

08/16/2010

I keep warning readers about the “new” EEOC and how it’s getting much more aggressive. The agency is keeping more cases, rather than issuing “right to sue” letters. It’s securing smaller settlements, but in greater volume. Now, a new court ruling just gave the EEOC even more powerful ammunition to use against your company if it’s accused of discrimination …

When co-workers engage in racial harassment, act fast to remove offensive symbols

08/13/2010
Employers can escape liability for employees’ racist actions if they can show they acted quickly to stop any potentially race-based harassment such as graffiti or offensive symbols.

Poor performance or disability discrimination? Keep good records to prove you’re not biased

08/13/2010

While employers have an obligation to offer reasonable accommodations to help employees who are disabled, it doesn’t follow that disabled employees can keep their jobs if they simply can’t get work done. But termination often causes a disability discrimination lawsuit. Be prepared to show exactly how poor the employee’s performance really was.

Unemployment: HR rep can testify about harassment probe

08/12/2010
Here’s some good news that will make it easier for employers that want to challenge unemployment compensation claims after firing an employee for misconduct. The HR representative who conducted the investigation can testify about what others said, provided that any written statements are also presented.

Beware expanding EEOC investigation after employee complains about discrimination

08/12/2010

Take every internal discrimination complaint seriously—and take quick action, too. Why? If the employee doesn’t think your response was adequate, an EEOC complaint will probably follow. And that can spell big trouble if the EEOC decides to expand its investigation beyond the specifics of the original complaint.

When employee files harassment complaint, document efforts to help her deal with aftermath

08/12/2010

When an employee complains about sexual harassment, the aftermath can be tough. First, there’s an investigation and the anxiety waiting for a final decision. Co-workers may side with the alleged harasser and shun the complaining employee. How you respond to problems like those may mean the difference between winning a retaliation lawsuit and losing.

When essential duties are at issue, OK to base medical exam on FMLA certification

08/12/2010
A new 8th Circuit Court of Appeals case allows employers to use an employee’s FMLA certification as the basis for requesting a fitness-for-duty exam if the certification asserts that the employee can’t perform an essential function of her job. That’s especially true in high-pressure professions when an alleged FMLA serious health condition affects an employee’s ability to function while at work.