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Discrimination / Harassment

How should we handle inquiries about age that we need to conduct background checks?

04/15/2010
Q. We require all applicants to complete a pre-employment screening form that asks for their date of birth. The firm that conducts our background checks needs that information to perform the screening. Does this practice run afoul of laws that prohibit discrimination on the basis of age?

EEOC sues ambulance service for sexual harassment

04/15/2010

The EEOC has filed suit against a Chicago ambulance service, alleging that a supervisor often made off-color remarks to female employees and, on at least one occasion, demanded sexual favors in return for a raise. Several women who worked for Jay Medcar Transportation complained of the behavior, but the EEOC alleges the company never investigated any of the charges.

Warn bosses: No criticism for filing bias complaint

04/15/2010

Now’s a good time to remind supervisors and managers that they must keep a cool head if an employee threatens to take a complaint to the EEOC or the Illinois Department of Human Rights. Angrily accusing the employee of insubordination or disloyalty will probably be viewed as retaliation for engaging in protected activity.

When documenting hiring processes, be sure to track rejected job offers, too

04/15/2010
Here’s a tip for avoiding lawsuits over alleged discrimination. Don’t keep statistics just on the employees you hire. Track those to whom you offered a job, but who turned it down, too.

What are our obligations to prevent employees from accessing Internet porn at work?

04/15/2010
Q. All of our employees have Internet access at their workstations. We have heard rumors that several employees have been visiting pornographic and other inappropriate web sites, and displaying and disseminating objectionable material to others in the workplace. Even though we have not received a formal complaint, do we have an obligation to address this now? What steps can we take to avoid these problems?

Beaumont Autoplex worker files race discrimination suit

04/15/2010
A former employee is suing Mike Smith Autoplex and Group 1 Automotive, claiming he was forced to resign from the Beaumont car dealer because of his race.

Don’t pile on reasons for firing; you’re spoiling for retaliation fight in court

04/15/2010

Let’s say you’ve got one very good reason to fire an employee, plus several other halfway decent reasons. Why not wrap them all into one big package of employee shortcomings when it comes time to show her the door? Because such overkill could play badly in court if the dismissed employee ever sues you.

EEOC settles bias suit involving Jehovah’s Witness, dress code

04/13/2010
Alliance Rental Centers recently agreed to pay $21,500 to settle an EEOC religious discrimination suit brought by a former employee whose religious beliefs kept him from complying with the company’s dress code. The conflict emerged when Tyler Templeton, who worked in the company’s Bridgeport Aaron’s Rents store, refused to participate in the “Red Shirt Friday” program in which employees wore special shirts to show support for the U.S. military.

Beware retaliation charge following transfer

04/13/2010

Employees who are transferred to other positions after complaining about discrimination could end up collecting big from their employers. That’s true even if the transfer doesn’t result in a base pay cut or lost benefits. Reason: The law lets juries punish employers for retaliation based on factors such as lost prestige, overtime pay and other, less tangible benefits.

Judge to lawyers: Enough ‘pettifoggery and piffle!’

04/07/2010
Federal appeals court Judge Douglas Ginsburg was not amused when attorneys for PricewaterhouseCoopers (PwC) asked to have District of Columbia laws applied to a New York case. In fact, he was so perturbed, he heartily rebuked the lawyers with a stinging Victorianism.