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Discrimination / Harassment

The legal danger of playing ‘peek-a-boo’ with job postings

02/24/2010

Job postings go up … they come down. They go up … they come down. It all seems quite normal. That is, unless a job posting is pulled down to avoid a specific type of candidate. As this new case shows, you can’t delist a job or try to hide the position when you don’t like who applies. Peek-a-boo, the court will catch you!

Same offense, different circumstances: The punishment can fit the crime

02/22/2010

The cardinal rule for employers is to punish like offenses the same way. But that doesn’t mean that you don’t have some flexibility. For example, when two employees break the same rule, the underlying reasons might be considerably different. If you decide to punish one more severely than the other, document why you don’t consider the circumstances the same.

Act fast on harassment to show you won’t tolerate it

02/22/2010

Never ignore sexual harassment complaints. Instead, take quick action against insensitive, rude or crude co-workers. That goes a long way toward showing a court that you take harassment seriously and want it to end.

Lawsuits allege pervasive sexual harassment at Harrah’s

02/22/2010

Three lawsuits filed against Harrah’s Atlantic City casino allege the employer actively covered up sexual harassment by casino employees. Harrah’s is already fighting 13 lawsuits filed against fired manager Raymond Montgomery, who ran a casino nightclub called “The Pool.”

Harassment: State LAD covers outside business relationships, too

02/22/2010

Although the New Jersey Law Against Discrimination (LAD) primarily has been applied to sexual harassment claims involving employers and employees, a new decision by a New Jersey appellate court recognizes that the LAD can also apply to a refusal to engage in business transactions if it is based upon the refusal to comply with requests for sex.

Casual promotion process? Track it anyway

02/22/2010

If you have gone without a formal system for promoting from within—no posting open positions or a casual application process—just because you’re a small employer, watch out! You must still make sure you track the decision-making that goes into each promotion. If a disappointed employee sues, you must be able to explain why some employees were promoted over others.

Juvenile behavior isn’t always harassment

02/22/2010

Teen employees are sometimes clueless about what’s appropriate at work. From time to time, their behavior may seem … well … juvenile. Feel free to counsel youthful employees when things need to be brought back into control. And don’t worry. Kids acting their age doesn’t automatically mean you’re liable for sexual harassment.

State Parks & Rec settles gender- and gay-bias claims

02/22/2010

The California Department of Parks and Recreation recently settled a sexual harassment lawsuit brought in August of 2008 by a park ranger who argued that she was harassed and experienced gender and sexual-orientation discrimination during the six years she worked at San Onofre and San Clemente State Beaches.

During an interview, can employers ask about ability to comply with attendance rules?

02/22/2010

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy?

Not rehiring FMLA leave-taker? Document why

02/16/2010

Employees who run out of FMLA leave and are fired under a policy requiring mandatory dismissal for excessive absences may be invited to apply for other open positions when they recover enough to work. Be careful how you handle those reapplications, especially if one of the terminated employees was off because she was pregnant and ran out of leave before being able to return.