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Discrimination / Harassment

Ban vulgar jokes, comments on breastfeeding

07/23/2010

The new health care reform law gives mothers the legal right to express breast milk at work. But that’s brought a new problem to the fore: co-workers—or even supervisors—making jokes or inappropriate comments about the practice. Remind everyone that lactation is no joking matter. Otherwise, you could have a sexual harassment case on your hands.

You don’t always have to be right–as long as you act in good faith

07/23/2010
Here’s good news for supervisors who are afraid of making the wrong disciplinary decision: Employers don’t have to be right every time about the underlying reasons for disciplinary action. Instead, what counts is acting in good faith.

When investigating sexual harassment, consider all the evidence–including nonsexual threats

07/23/2010

You no doubt take sexual harassment complaints seriously and promptly try to learn the facts. But which facts should you consider when deciding whether the conduct creates a hostile work environment? Look at the totality of the circumstances. For example, comments that aren’t directly sexual can still contribute to a hostile environment if the context indicates that the comments are related to others that are sexual.

Beware bias claims when accommodations differ

07/23/2010
Overlapping issues often make it even harder for HR pros to deal with difficult situations. For example, addressing the needs of two disabled employees can turn into a discrimination lawsuit if they belong to different protected classes and you come up with different accommodations.

First lawsuit filed under new genetic discrimination law

07/23/2010
Employers will be closely watching the first lawsuit filed under the federal Genetic Information Nondiscrimination Act (GINA), which makes it illegal to discriminate based on employees’ or applicants’ genetic information.

Employees can’t just latch onto any bias claim

07/20/2010

Employees who don’t belong to the same protected class as one that is the subject of alleged harassment can’t successfully sue over that harassment except in limited circumstances. Certainly try to stop all harassment based on protected class membership, but don’t worry too much that any employee can sue.

Case settled with EEOC? Don’t cave when employee tries to revive parts of the deal

07/20/2010
When the EEOC decides that a discrimination claim is valid and orders a remedy, that should signal that the case is about to be put to bed. If you pay up what the agency says you owe, the employee can’t turn around and sue for additional money unless he also rejects the rest of the settlement.

Check backgrounds to cut harassment liability

07/20/2010
Employers that do background checks that come back negative should be able to rely on their good-faith efforts to prevent harm to employees and others. After all, employers should only be liable for harm they reasonably could expect would happen.

Quash workplace rumors once and for all

07/20/2010

Sometimes, a workplace rumor takes on a life of its own. And despite denials, it continues to resurface. If that happens in your organization and the rumor affects an employee’s ability to work, she might be able to sue—even if the original rumor started years before. That’s one reason to crack down on rumor mongers.

When making termination decisions, beware the cat’s paw

07/15/2010
Managers and HR professionals are often pulled in many directions at once and don’t always have time to independently review the personnel decisions that line supervisors make. Under what’s commonly referred to as the “cat’s paw” theory, an employee can win a discrimination claim even if the employer successfully proves that the actual decision-maker didn’t intend to discriminate—or even knew that the employee was a member of a protected class.