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Discrimination / Harassment

Consistency the key to good hiring practices

08/05/2010

Courts don’t like to meddle in hiring decisions unless they see something obviously wrong with the hiring process. The key is to treat all qualified applicants alike—and then document that you did so. For example, hiring managers should ask the same questions of everyone they interview and use the same scale to rate each applicant.

Trucking companies unload $50K to settle retaliation suit

08/02/2010
Two Texas transportation brokerage companies have agreed to pay $50,000 to settle an EEOC discrimination lawsuit. The suit centered on allegations of harassment and retaliation at Amino Transport and Chariot Express, Dallas-based trucking companies.

Congrats on winning that bias case! That doesn’t mean you won’t owe attorneys’ fees

08/02/2010

When an employer discriminates, but would have made the same decision even if no discrimination occurred, it may think it can escape liability. That’s not entirely true. Courts may still award attorneys’ fees to the employee’s lawyer. And those fees may be far more than any damages the employee might have received under a discrimination claim.

Don’t fall into the retaliation trap! Have solid reason for firing complainer

08/02/2010

The HR office is often the place where a lawsuit can be prevented. That’s why HR pros must make sure every discharge or other adverse employment decision (demotion, pay cut, etc.) can be successfully defended. Be especially careful if you’re asked to approve a decision that comes closely on the heels of a discrimination or harassment complaint.

Base hiring decisions on listed qualifications

08/02/2010

Make sure your job announcements list all relevant experience and educational requirements. Why? Courts deciding whether to send a failure-to-hire case to trial won’t consider any qualifications you didn’t list in the job announcement. Here’s how that could play out:

Kucinich & Fudge ask for DFAS investigation

07/30/2010
U.S. Reps. Dennis Kucinich and Marcia Fudge, members of Congress from Ohio, have asked the Acting Comptroller of the United States and the Inspector General of the Department of Defense to investigate allegations of racial discrimination at the Cleveland facility of the Defense Finance and Accounting Service (DFAS).

Recalcitrant worker? Document and fire

07/30/2010

Some employees can’t or won’t acknowledge that they aren’t meeting their employer’s expectations. They ignore negative evaluations, don’t follow through on improvement plans and won’t take direction. You may have no choice but to fire the employee. If you do, don’t worry. Careful documentation will stifle any later lawsuit alleging some form of discrimination.

Transfer worker who needs a fresh start; it’s not retaliation if pay, benefits are equal

07/30/2010

Sometimes, an employee simply isn’t a good fit for a particular job assignment. But if you transfer such employees with a genuine intent to give the person a fresh start—and not a hidden motive of discrimination—you’ll likely survive a legal challenge. Just make sure the new job has similar responsibilities, pay, benefits and working conditions.

Before you decide to fire, make sure past evaluations support your rationale

07/28/2010

Nothing raises suspicions among employees (and juries) than effusive praise followed by a pink slip. So here’s a tip that will make courts more likely to uphold your termination decisions: Make sure whatever reason you use to justify a firing also shows up in past performance evaluations.

Between honesty and discretion, what’s the best approach to reference requests?

07/27/2010
Q. I have a question about providing honest feedback during reference requests. Is it better to defend the fact that I provided a truthful (negative) assessment, rather than trying to explain why I can’t give any reference at all? Aren’t we protected by negligent-referral and reference-immunity laws?