Discrimination / Harassment

When technological change means jobs are changing too, document the training you offer

01/22/2010

For years, one of the biggest drivers of improved worker productivity has been better technology in the workplace. But all that technological innovation means that employees who want to keep up must be open to training. How you handle that training can make a big difference when the time comes to lay off employees you no longer need because your company has become more efficient or whose skills have become obsolete.

EEOC sees near record year in 2009

01/22/2010

Workplace discrimination charges filed with the EEOC in the 2009 federal fiscal year reached the second-highest number ever. Thirty-six percent of EEOC charges involved race discrimination, retaliation or both. Sex-based discrimination was the third most-common charge, at 30%.

Race bias costs $300,000 for Malvern’s Vanguard Group

01/21/2010

The financial services firm Vanguard Group has settled a racial discrimination complaint with the EEOC for $300,000. The case involved Barbara Alexander, a black applicant for a financial planning manager position at a Vanguard office in North Carolina. The company is headquartered in Malvern.

Reprimand, mandate training to cut bias liability

01/19/2010

All employees, regardless of which protected class they belong to, have the right to work in an environment free from hostility. That doesn’t mean, however, that you have to fire every co-worker who does something that might be interpreted as hostile. Sometimes the appropriate response is to reprimand the co-worker and educate her so she’ll change her ways.

Checking up on sick workers: The 6 do’s and don’ts

01/18/2010

You probably don’t check up on most employees who call in sick because they do it infrequently and most likely are being truthful. However, every organization has its share of workers who abuse sick-leave policies. No state or federal laws regulate how employers can handle workers who call in sick. But beware: Going too far to ferret out shirkers could invite discrimination and harassment claims, and unnecessarily damage morale.

Stare masters: How much ogling equals harassment?

01/15/2010

What’s the difference between a friendly glance and a sexual stare? A recent court ruling shows that sexual harassment is in the eye of the beholder—and supervisors better not roll their eyes if they witness it …

Not sure it’s sexual harassment? Take steps to end it anyway

01/15/2010

Not every complaint about alleged sexual harassment turns out to be true. Sometimes, the harasser may simply be a difficult personality. He or she may have it in for all co-workers, and the harassment that someone complains about may be completely unrelated to sex. That doesn’t mean, however, that you should ignore the behavior. Your best bet is to discipline the employee.

No jury trials for disability retaliation—but you still must handle complaints properly

01/14/2010

Thanks to a recent 9th Circuit Court of Appeals decision, employers no longer face the prospect of jury trials to resolve ADA retaliation claims. That’s a big victory, since juries are notorious for returning large awards against employers. Plus, the decision makes it clear that punitive damages are not available for retaliation, either.

Franken kills arbitration for defense contractor employees

01/13/2010

Freshman Sen. Al Franken has scored his first legislative victory. Joining forces with Louisiana Democrat Mary Landrieu, Franken proposed an amendment to the recently enacted Defense Appropriations bill that bars defense contractors from requiring employees to use arbitration to resolve workplace discrimination complaints of sexual assault, harassment or other Title VII violations.

How to guarantee a lawsuit: Terminate only older workers during reduction in force