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Discrimination / Harassment

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.

Former St. Cloud officer sues for sexual-orientation bias

07/15/2010
According to a complaint by former St. Cloud Police Officer Sean Lathrop, he was a rising star in the department until his supervisors found out he was gay. Then his career prospects suddenly dimmed. Now he’s suing.

Trial likely in ADA suit against Hibbing Taconite

07/15/2010

An EEOC disability discrimination suit against Hibbing Taconite seems likely headed for trial after a federal district court judge refused to dismiss charges against the Mesabi Iron Range mining firm. The case involves a hearing-impaired job applicant with years of mining experience, whom the company refused to hire, according to the EEOC complaint.

Asleep–or whatever–on the job? It’s safe to terminate

07/15/2010
It seems elementary that employees should work when they are being paid. But some employees apparently think it is fine to take unauthorized breaks by holing up in an inconspicuous place. You don’t have to put up with it.

One wrong word can launch a lawsuit: Warn bosses about the danger of ageist comments

07/15/2010
Following past recessions, hiring typically took place across the age spectrum once recovery began. Not this time. The Great Recession and its hiring hangover have hit older workers particularly hard. That’s sure to mean more lawsuits. Employment lawyers smell blood and will soon be going after employers they perceive as having policies biased against hiring older workers.

Handle return-to-work issues with care

07/15/2010

Employees and their lawyers know to dig deep when they’re considering filing a discrimination lawsuit. They hunt for anything that smacks of unequal treatment based on some protected classification—and if they find something, they’ll sue. Consider this example:

Responding to an office affair? Don’t forget the ‘fair’ part

07/15/2010
When an office romance is in full bloom, it’s a tough secret to keep from the perceptive masses. But how’s an employer supposed to respond when an affair causes turmoil in the workplace? This court decision offers a good warning: Don’t discipline one partner but not the other.

Using the Supreme Court’s model to prevent employment lawsuits

07/13/2010

You know you have an obligation to eliminate discrimination, harassment and retaliation. You know you have to make sure employees don’t harass co-workers or subordinates, or harm customers and others. On the other hand, you know applicants and employees have a right to privacy that is protected by state and federal laws. It’s a balancing act: Just how do you protect workers on the one hand, while respecting their privacy on the other?

Orlando’s Hilton Grand, EEOC settle pregnancy bias case

07/13/2010
Orlando-based Hilton Grand Vacations has agreed to settle an EEOC pregnancy discrimination lawsuit in which a former employee claimed the company asked her to resign during a difficult pregnancy in return for a promise to rehire her after her child was born.