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Discrimination / Harassment

Of course you have an anti-harassment policy; now make sure all your employees can use it

01/12/2010

Your organization probably has policies prohibiting sexual harassment, and you probably offer training for supervisors and employees alike on how the policy works. But that simply isn’t enough. You should have multiple ways for employees to report sexual harassment. The more ways you provide, the more likely a court will conclude that an employee who failed to report the harassment was acting unreasonably.

Stray comments unfortunate, but rarely prove discrimination

01/12/2010

HR professionals often worry needlessly when they hear that a supervisor has made an intemperate or insensitive remark. Fortunately, such comments seldom become the basis of successful lawsuits unless they are truly offensive or outrageous.

Hudson Valley Hospital not so sweet to diabetic employee

01/12/2010

Westchester County’s Hudson Valley Hospital will pay $142,500 to settle an EEOC charge in which a diabetic nurse claimed she suffered disability discrimination. Glorianne Romano asked to have three days in a row off each week following an episode when she went into a diabetic coma in 2007. Her doctor said she needed the time off to regulate her insulin treatments. At first, the hospital agreed, but then withdrew the accommodation, claiming Romano’s schedule was too disruptive.

When hiring, don’t overvalue interview skills

01/11/2010

Does your organization’s hiring 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. If an applicant who belongs to a protected class can demonstrate qualifications that were at least as good or better than those of the chosen candidate from a different class, a court may conclude that interview performance was a smokescreen for discrimination.

No matter how implausible, you must investigate every sexual harassment complaint

01/11/2010

Here’s some solid advice you should heed: Don’t ignore any employee’s sexual harassment claim—even if it seems unbelievable or too incredible to be true. Instead, process the complaint as you would any other, investigate and then try to resolve the matter.

Can I legally refuse to hire job candidates who don’t share my political beliefs?

01/11/2010

Q. I run a small business and only want to employ people who are like-minded and share my core political values. Is it legal to refuse to hire a job candidate because of his or her political beliefs?

Is there any way to keep staff from speaking with former employee’s attorney?

01/11/2010

Q. A former employee recently sued my business for discrimination. A few current employees have told me that her lawyer has contacted them seeking information. Is there anything I can do to stop this?

OK to redistribute work as FMLA leave nears

01/11/2010

When an employee plans on taking FMLA leave, employers have to plan for the impending absence. That can include reassigning the employee to a less “mission-critical” job or temporarily removing responsibilities. Don’t worry that doing so will trigger a successful FMLA lawsuit.

Not all harassers need immediate firing

01/11/2010

If you have a robust anti-harassment policy and act fast to stop co-worker sexual harassment, you usually won’t be liable for that harassment. But that doesn’t mean you must automatically fire everyone who harasses a co-worker. You can use a more measured approach, including warnings and counseling. If that doesn’t work, then it may be time to terminate the perpetrator.

Firing employee who complained of harassment? Don’t let alleged harasser play any role

01/11/2010

Here’s a rule of thumb to follow: An alleged harasser should have no part in a later termination decision involving his or her accuser. Giving the alleged harasser any role in the firing is almost certain to spur a retaliation lawsuit, even if it turns out the harassment claim doesn’t stick.