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Discrimination / Harassment

OK to suggest retiring in lieu of getting fired: It’s not age discrimination

01/25/2010

Employees who claim they have experienced age discrimination must prove that age was the reason for an adverse employment action, such as termination or demotion. It’s not enough to show that a supervisor merely referred to the employee’s age. As the following case shows, merely suggesting retirement in lieu of discharge isn’t enough.

Enforce policy to prove you don’t tolerate harassment

01/25/2010

Simply having an anti-harassment policy isn’t enough. Employers have to use it when faced with a violation. When you do, make sure you document what you did to remedy the problem.

Lawnside settles police dept. bias case for $350,000

01/25/2010

The Borough of Lawnside has agreed to settle a discrimination lawsuit filed by a female police officer who alleged she began experiencing harassment and discrimination almost from Day 1.

Understand GINA’s new prohibitions on misuse of genetic info

01/25/2010

Interim final regulations implementing the Genetic Information Nondiscrimination Act of 2008 are now in effect for group health care insurers with plan years beginning on or after Dec. 7, 2009. If you offer group health coverage, that means you must understand and comply with GINA’s anti-discrimination provisions relating to genetic information.

Tell managers: No talk of hiring preferences

01/22/2010

As hard as it is to believe, some managers still think they can use sex or race as the reason to hire one qualified applicant instead of other qualified candidates. Of course, that’s wrong, and it could trigger a discrimination lawsuit if word gets out. That’s why you should remind everyone involved in the hiring process that his or her decision must be blind to personal characteristics.

Vanguard settles Charlotte race bias case for $300,000

01/22/2010

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 Vanguard’s Charlotte office.

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.