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Discrimination / Harassment

Can’t you even say the word ‘pregnant’ anymore?

06/21/2010

Aw c’mon. An employee is obviously pregnant but you can’t even say the “p” word? Does the mere use of the adjective translate into legal liability? One court recently said “relax.” It’s OK to say a woman is pregnant; just don’t make any employment decisions based on it or comment negatively. Still, it’s a bit tricky, as this case shows …

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

06/18/2010

Here’s a tip that will make courts more likely to uphold your termination decisions. Make sure whatever reason you use to justify the firing also showed up in past performance evaluations. Nothing raises suspicions more than kudos followed by discharge.

Supreme Court rules on pre-employment tests and disparate impact

06/18/2010
The U.S. Supreme Court in late May unanimously sided with a group of black firefighter applicants who alleged that the city of Chicago’s employment selection process had a disparate impact on them. The court said the timing of Title VII lawsuits doesn’t depend on when the alleged discriminatory act first occurred, but on when the employer acted on the results of that discriminatory act, even if that’s years later.

Disability group files class action against state

06/18/2010
The organization Disability Rights Advocates recently filed a class action lawsuit against the state of California on behalf of seven state employees and Deaf and Hard of Hearing State Workers United, a group representing employees with hearing disabilities.

Employee can sue for legal fees after winning EEOC claim

06/18/2010
Don’t think your legal troubles are over after the EEOC decides a case and you decide not to appeal. The employee can still sue you in federal court to recover his attorneys’ fees for the work the lawyer did before the case went to the EEOC.

Make sure everyone in same job has shot at training

06/18/2010
Here’s an easy way to prevent a discrimination claim: Offer everyone holding the same position the same opportunity for training. Otherwise, supervisors may play favorites, and that can end in litigation if the better-trained employees end up getting the promotions.

Commercial pilots claim FAA retirement plan violates state law

06/16/2010
When Congress raised commercial pilots’ mandatory retirement age from 60 to 65, not all pilots were pleased. Pilots who had previously been forced to retire at age 60 weren’t grandfathered into the new system. Now the pilots are seeking back pay and lost wages under state laws and the Federal Tort Claims Act.

Favoring clear accent might not be discrimination

06/16/2010

Students often complain about foreign professors whose accents they have trouble understanding. Those concerns can be a legitimate reason for a university to hire a candidate with better communications skills. That’s true even though accent discrimination can be construed as national-origin discrimination.

Independent review protects against hidden supervisor bias

06/16/2010

Despite your best efforts, a rogue supervisor occasionally slips through. He may harbor discriminatory attitudes that can color his termination and disciplinary decisions. But you can cut that chain by doing a little independent digging into what really happened. Then document your efforts to get both sides of the story.

Don’t tolerate threats, even if they occur during conversation about possible discrimination

06/16/2010

Employees who complain about alleged discrimination are protected from retaliation for complaining. That protection, however, isn’t unlimited. There’s a huge difference, for example, between an employee who calmly reports that he has been discriminated against and someone whose complaints sound more like threats of physical harm.