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Discrimination / Harassment

How co-worker harassment can become supervisor harassment

03/26/2010
Generally, co-worker harassment doesn’t mean liability for the employer if the employer had no reason to know about the behavior. But if one of the co-workers has some degree of control over the employee he harassed, courts may conclude that supervisor liability applies.

Remind all decision-makers: Age-related comments almost always lead to courtroom

03/26/2010

We can’t say it often enough: Do everything you can to discourage any age-related comments at work. Make sure managers and supervisors understand that seemingly innocent jokes can come back to bite. Ageist comments do nothing but cause trouble, as this recent case shows:

Act fast to punish violent employee, even if he’s been the victim of harassment

03/26/2010

It’s understandable that employees might get angry if they perceive that co-workers are harassing them. But that doesn’t justify a violent reaction. When alleged victims of harassment lash out, you can and should punish them. But even as you discipline the angry worker, make sure you also do whatever you can to end the harassment that precipitated the violent response.

Warn bosses: Loose lips lead to lawsuits

03/26/2010

Some managers can’t seem to understand that they shouldn’t discuss personnel matters with anyone other than the appropriate people within the organization. Consider the following case in which a supervisor’s conversation with an outsider may have cost his employer $100,000.

No beards, turbans in Lexus’ ‘Pursuit of Perfection’

03/26/2010
Little Falls, N.J.-based Tri-County Lexus faces a religious discrimination lawsuit after it refused to accommodate a job applicant’s request to continue wearing a beard and turban, as required by his Sikh religion.

Hiring? The legal risk of falling for great interview skills

03/23/2010

Does your selection process rely heavily on how applicants handle themselves during job interviews? If so, be aware that courts are often suspicious of such inherently subjective decision-making. That’s why it’s best to document how objective qualifications counted for more than the fleeting impression of an interview. (For another perspective on hiring, see “The top 15 oddball interview questions” below.)

Don’t cut filing period in arbitration agreement

03/19/2010
California courts are hard on employers that force employees to sign arbitration agreements. Judges often find these agreements unconscionable. And one of the quickest ways to end up with an unconscionable and invalid agreement is to cut the time an employee has to file a claim.

The only thing to say when employee is pregnant: Congrats!

03/19/2010
Look for legal trouble if supervisors express concern, surprise or anything other than neutrality when an employee announces she’s pregnant.

When bosses hook up with subordinates, sparks may fly … in court

03/12/2010

In today’s litigious society it’s best for employers to set some ground rules on office romance. Adopt an anti-fraternization policy that bans relationships between employees who hold a boss/subordinate relationship. But take note: Employees who aren’t involved in an affair with the boss won’t necessarily win a sex discrimination lawsuit if they don’t get the perks their co-worker got.

Don’t let employees guess about being fired

03/12/2010

Employees and former employees have just 300 days to file their initial EEOC discrimination complaints. But that countdown doesn’t start until the “adverse employment action” they want to challenge has occurred. That means that the moment employees know they have been fired, the clock starts ticking.