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Discrimination / Harassment

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.

New studies tarnish the image of color-blind and race-blind judges

02/16/2010

Here’s something to consider the next time you’re pondering whether or not to settle an employment lawsuit: A pair of new studies say that a judge’s race and gender can make a huge difference in the outcome of the cases he or she hears.

Burden now on employees to show age bias caused adverse action

02/16/2010

Good news for employers! The U.S. Supreme Court issued a landmark decision whose positive impact on employers is just being felt. The decision—Gross v. FBL Financial Services, Inc., (129 S. Ct. 2343, 2009)—involved an employee who alleged that his reassignment to a new position constituted a demotion that was improperly motivated by his age. That would have violated the ADEA.

How much should I worry about employees using social networking sites?

02/16/2010

Q. I heard that Facebook use is really picking up, but I don’t think most of our employees are that tech-savvy. Should I be concerned about my employees accessing social networking sites while at work?

In hiring, don’t overvalue interview skills; courts question subjective decision-making

02/15/2010

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—such as education and experience—counted for more than the fleeting impression of an interview.