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Discrimination / Harassment

Handling an EEOC investigation

01/01/2010

Q. A former employee recently filed a complaint against my company with the EEOC. He is alleging race discrimination. As part of its investigation, the EEOC will be coming to our offices to interview employees. Do I have to make these employees available? Can I sit in on the employee interviews?

Assigning black staff to black clients: Is that bias?

12/24/2009

Here’s a problem you might not see coming: Let’s say you have an employee who belongs to a protected class, and whose skills you believe will help when relating to others of the same protected class—language or cultural awareness skills, for example. Before you decide to assign work to the employee based on those skills, consider whether doing so is, in effect, unspoken discrimination.

You don’t have to put up with insubordination

12/24/2009

Employees who file discrimination complaints sometimes end up with a chip on their shoulders while the complaint is pending. And since they know it’s illegal for employers to retaliate against them, they’re on the lookout for anything that seems like punishment. But that doesn’t mean employers have to shy away from disciplining those employees when it’s deserved.

Don’t know who’s harassing? What to do

12/24/2009

What’s an employer to do when an employee complains of anonymous harassment? You may never be able to figure out who is doing the harassing, but you must still do something—if only to show that your company doesn’t approve. Begin by opening an internal investigation, just as you would for any other complaint.

Use objective criteria—and beware subjective judgment calls—when deciding promotions

12/24/2009

Nothing speeds a disappointed job-seeker’s trip to court like a selection process based on an employer’s use of subjective criteria to make the hiring decision. That’s especially true if the biggest deciding factor is subjective, while objective factors receive lesser weight.

Charlotte firm settles bias case filed by Muslim employee

12/24/2009

Charlotte-based Sunbelt Rentals has agreed to settle charges it discriminated against a Muslim worker at a store in Maryland. According to the complaint, Clinton Ingram endured ridicule, allegations he was a terrorist and harassment that included an anti-Islamic cartoon posted in the workplace.

Pregnancy Discrimination Act doesn’t cover child care woes

12/23/2009

The Pregnancy Discrimination Act (PDA) protects employees from discrimination based on pregnancy and related medical conditions. It doesn’t, however, let new mothers take off work when child care arrangements fall through, as the following case shows.

EEOC targets teen harassment; Ruby Tuesday pays $255,000

12/23/2009

The Ruby Tuesday casual dining chain has agreed to pay $255,000 to a group of teenage girls who worked at its East Stroudsburg restaurant after the EEOC filed a lawsuit accusing a manager there of sexual harassment.

Settlement ends bias suit against Wyomissing company

12/23/2009

Wyomissing-based industrial fastener and tool maker SFS Intec has agreed to settle an EEOC discrimination lawsuit arising at a plant in Ohio. Two Hispanic employees complained of being denied training opportunities that were open to non-Hispanics.

How can we find out whether employees are poaching health coverage for partners?

12/23/2009

Q. A few of our employees have added their spouses to our health benefits plan. We’ve heard through the grapevine that some of these couples aren’t actually married. Can we check on this without being discriminatory?