• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Insist on specifics when facing EEOC charges

04/02/2010
A federal court has given the EEOC a second chance at filing a sexual harassment lawsuit. The agency had filed a vague complaint, and the court said the employer needed far more information in order to defend itself.

Make following instructions a part of your expectations

04/02/2010
Employees who claim discrimination was the reason they were fired have to show that they were meeting their employer’s legitimate job expectations. Employees fired for insubordination have a hard time proving that—especially if their employer can point to specific facts that prove insubordination.

Act fast to stop racial comments (but don’t fear lawsuit if they’re isolated)

04/02/2010
Here’s some good news for HR pros: If you get a report that an employee is being subjected to name-calling, you probably still have a chance to fix the situation. Do so before it gets worse.

Stop frivolous claims with solid hiring, promotion processes consistently applied

04/02/2010

Smart employers have well-developed and organized hiring and promotion processes. Not only do they have them, they follow them carefully. That’s critical because when people don’t get jobs they want, they often suspect discrimination. And then they sue, whether they have a good case or not.

Note date when worker first learns of lost job

04/02/2010
It’s common for employers to let employees know in advance that they’re about to lose their jobs or have failed to win coveted promotions. Getting bad news like that can make some employees wonder whether discrimination might have played a role.

Vulgar e-mail: React differently if sent from home?

04/01/2010

Q. One of our employees sometimes sends offensive jokes to her fellow employees from her home e-mail account. We’re worried that someone may take offense and sue for racial or other harassment. What can we do if she’s sending this from home?

Is your employee discipline fair? A 5-question self-test

03/30/2010

Whether it’s deserved or not, the perception that management is “against” employees, once earned, is difficult to shake. That’s why it’s so important for supervisors and HR to treat all employees fairly and consistently at all times, especially when it comes to discipline. These five questions can help managers gauge whether their discipline is fair. BONUS: 7 tips for documenting your disciplinary process.

Mind your mouth: Ageist criticism more likely than ever to spur a lawsuit

03/26/2010

Since the U.S. Supreme Court’s 2009 Gross v. FBL Financial Services decision, employees suing for age discrimination have had to prove that “but for” the employee’s age, the employer wouldn’t have taken the adverse action it did. Gross generally benefited employers, but it also raised the stakes. Now, managers’ ageist statements can really have an impact.

Pay gap between men and women is wider in Pennsylvania

03/26/2010

Nationally, women earn about 80 cents for each dollar men receive. But in Pennsylvania, that figure is closer to 78 cents. According to the U.S. Bureau of Labor Statistics, Pennsylvania women earned a median weekly salary of $642 in 2008. The median salary for Keystone State men was $815.

Hiring bias alert: Beware smoking-gun e-mails

03/26/2010
Remind everyone involved in the hiring process: It’s much better to pick up the phone to discuss a candidate than it is to send an e-mail. E-mails can be recovered (and used as evidence in court); phone calls cannot.