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Discrimination / Harassment

Make sure employees know where and how to report alleged sexual harassment

04/19/2010

It’s simply impossible to prevent all sexual harassment incidents. But you can take steps to protect your organization from most sexual harassment lawsuits. Make sure your sexual harassment reporting policy is clear, specific and well publicized.

Hire workers through temp agencies? Be alert for religious accommodation issues

04/19/2010

Lately, the EEOC has been on a campaign to stamp out discrimination based on religion—especially discrimination related to religious dress. As part of that effort, the EEOC has focused on employment agencies, demanding that they do more to ensure that the employers they refer temporary workers to aren’t biased. Now the 8th Circuit has reined in the EEOC a bit—for the time being.

Use proactive measures to stop bias lawsuits

04/19/2010

Sometimes, all it takes to stop a potential lawsuit based on a supervisor’s poor behavior is a timely warning. Take, for example, what might happen if a subordinate believed her supervisor was targeting her for poor treatment because of her race. If HR takes a strong stance and persuades the supervisor to change her approach, then a potential lawsuit may dissolve into nothing.

You don’t have to put up with insubordination

04/19/2010

Some employees think they can behave like jerks at work without any consequences—as long as they don’t harass co-workers. You don’t have to put up with that kind of nonsense. Instead, institute clear rules against such behavior. Put them in your employee handbook. Then enforce those rules—up to and including firing those who just won’t change their ways.

Labor on the rise: Review your solicitation & distribution rules

04/19/2010

Unions are stepping up their organizing activity, and smart employers are preparing by making sure their rules on solicitation, distribution and access to private property meet legal requirements. If you don’t have a “no solicitation/no distribution” policy, adopt one now. It can help regulate two types of conduct that unions depend on when trying to organize a workplace.

You won! Just don’t count on losers paying your legal costs

04/19/2010

In addition to paying damages such as lost wages, employers that lose discrimination cases often have to pay the winning side’s litigation costs. But the same isn’t always true when an employer wins the lawsuit. Courts are reluctant to make employees pay when they lose, fearing that doing so may dissuade other employees from taking a chance at litigation.

Workers hired through temp service? Normal anti-discrimination rules still apply

04/19/2010
Warn supervisors and managers: They should treat temporary workers who come to you via an employment service or agency just like they do other employees. All the normal rules on workplace discrimination still apply. That means temps who experience harassment or discrimination may be able to sue both the temp agency and your company for that discrimination.

Train front office to act fast when legal papers arrive

04/15/2010

As an HR professional, you know you can’t ignore legal documents. But what if a new secretary doesn’t know she should forward legal papers to HR, or the papers end up in the in-box of an absent manager? Missing deadlines in those legal documents can mean losing the lawsuit before it really begins.

Minimize chance of retaliation suit by insulating new boss from past bias claims

04/15/2010

It often makes sense to offer a fresh start to an employee who claims discrimination. By settling her case and moving her to another position, she gets a chance to begin again, and the employer gets a chance to avoid a potentially expensive lawsuit. To make the move effective, make sure that any new supervisors don’t know about the bias complaint.

Follow these best practices for tracking initial discrimination complaints

04/15/2010

Smart employers carefully track complaints to show that they respond quickly to alleged discrimination and treat it seriously. Done properly, a tracking system gives you ammunition if you ever need it in court. Here are some best practices for handling complaints: