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Discrimination / Harassment

FMLA leave expired? Be equitable when firing

04/07/2010
If you terminate employees who have used up all their FMLA leave and still can’t come back to work, watch out! Make sure you don’t single out any particular class of employees for firing.

Don’t assume mentally ill employee is dangerous

04/07/2010

Employees who suffer from mental illnesses shouldn’t be treated any differently than other employees unless there is a very good reason. That means not assuming that the employee can’t function or treating him as if he were a child in need of supervision. Instead, let the employee approach you for help with accommodations. Otherwise, assume all is well.

Brace for lawsuit if ‘demotion’ involves less prestige, fewer opportunities

04/07/2010

Employees who are transferred against their will often sue for discrimination—especially if the new job is less prestigious and makes the employee feel like she has to quit. For example, in the following case, an older teacher claimed she suffered an adverse employment action when she was demoted to substitute teacher at the same time younger teachers were hired.

Use job skills test before hiring to make sure applicant is qualified

04/07/2010

It happens all the time: A manager decides to take a chance by hiring a marginally qualified applicant. Then, days later—as the new employee struggles—it becomes clear she can’t do the job. Employers have little choice but to terminate the worker. And then the former employee feels like she has little choice but to sue for some form of discrimination. What’s the best way to avoid those kinds of lawsuits?

How not to manage HR: Forget about formal hiring and promotions processes

04/07/2010
Sometimes, the best lessons are learned from the worst examples. That’s often the case with HR management. When employers make big mistakes and have to pay for them in court, other employers with good practices—that maybe need just a little tweaking—can discover what not to do.

Firing? Here’s when to keep manager out of it

04/07/2010

Employees who are fired shortly after complaining about a manager’s supposed discriminatory attitude may assume that the complaint led to the termination. And they’re almost sure to sue. To stop such lawsuits from going far, make sure the manager in question has nothing to do with the final decision to terminate. That’s good advice even if you don’t think he or she did anything wrong.

Good-faith investigation of harassment cuts your liability risk — even if you were wrong

04/05/2010

Employers sometimes try to avoid taking sides when they learn of possible sexual harassment out of fear that one of the employees involved will sue. Then the situation escalates, and they end up in court anyway. The only realistic employer response: Be prepared to make tough decisions. Investigate the claim.

As a religious institution, are we insulated from discrimination liability?

04/05/2010
Q. I am the principal of a Catholic school. I’ve always believed that, because we are a religious institution, discrimination laws don’t apply to us. While we certainly never intend to discriminate against our employees, we do make decisions from time to time that an employee could challenge in court. Am I right that we don’t have to worry about discrimination liability?

Ignoring complaint won’t make it go away

04/05/2010

It’s tempting to ignore the constant gripes of a serial complainer. But that won’t make the problem go away. Be ready for possible lawsuits by investigating, deciding what happened, disciplining if necessary and documenting the whole process.

Patience a winning virtue when employee sues pro se

04/05/2010
Some employees don’t let the lack of a real case stand in their way. They’re going to sue—even if they have to act as their own lawyers. If an employee decides to proceed pro se—without an attorney—be patient. Trust that the case will end up being dismissed.