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Discrimination / Harassment

Firing due to ‘romantic tension’: Is it sex bias?

12/22/2009

When co-worker relationships break up, tensions can boil over in the workplace. Back-stabbing and name-calling may play out in the office—and that may require discipline. When that happens, investigate thoroughly. But watch out for discipline that looks suspiciously like discrimination against just one of the former lovebirds.

Call lawyer about new accommodation class

12/22/2009

The 9th Circuit Court of Appeals, with jurisdiction over California employers, has ruled that the federal Rehabilitation Act covers discrimination claims brought by an independent contractor. The Rehabilitation Act applies to federal agencies, government contractors and organizations that receive federal funding.

Beware ‘injury discrimination’ suits for failing to treat injured workers like other employees

12/22/2009

California law makes it illegal for employers to discriminate against employees who are hurt at work. For example, if an employer requires those hurt at work to use vacation time for medical appointments while other employees can take sick leave, that would be illegal discrimination.

Settlement offer can’t be used against you later

12/22/2009

Offering an employee a severance payment in exchange for releasing any legal claims won’t be used against you. Courts want to encourage dispute settlement—and if severance offers could be used against employers later in court, cases would rarely be settled.

Use statistics early to blow shaky lawsuits out of water

12/22/2009

Employees who sue for discrimination have to come up with some evidence before the case can advance beyond the initial stages—and before it gets progressively more expensive for employers paying the legal bill. Employers that fight back right away with statistics showing there was no discrimination can save big bucks in the long run.

Lawry’s Restaurants agrees to settle gender bias claims

12/22/2009

Lawry’s Restaurants recently agreed to settle a gender discrimination class action alleging that the chain hired only women for its food server positions. The EEOC filed the suit after Lawry’s Las Vegas restaurant refused to accept a male busboy’s application for an opening as a food server.

Can nonbeliever employees sue for religious discrimination, too?

12/21/2009

Employees have a legal right to work in an environment free from discrimination and harassment—even religious harassment. They should not have to endure harassment based on their faith, membership in a particular religion—or even their lack of faith. Remember: You can tell employees to stop proselytizing in the workplace.

Keep the faith: You can accommodate religions in the workplace

12/15/2009

Two employees ask their boss to ax the company Christmas tree. A worker refuses to trim his dreadlocks, saying they are essential to his practice of Rastafari. A cashier insists she has a right to tell customers, “Have a blessed day.” Those cases have all wound up being tried in court. Employers can’t treat employees differently because of their religion, but that doesn’t mean religious accommodation is easy.

Step up to a new high-stakes HR role: Stamping out conspiracies to discriminate

12/15/2009

Here’s another legal danger for HR to watch out for: The charge that a supervisor conspired to terminate employees belonging to a protected class. Employees who can show that a supervisor and someone else involved in a termination decision conspired to terminate employees of a particular race, sex or other protected classification have a separate claim beyond the traditional employment law remedies.

Be ready to come down hard on managers and supervisors who use ethnic slurs

12/15/2009

Employers that let bosses get away with ethnic slurs risk having an unsympathetic jury decide whether and how severely to punish them. If you don’t send a strong message to those who use slurs that such behavior is unacceptable, you risk creating a corporate culture that encourages more of the same—and you may also empower supervisors to retaliate against the targeted employee.