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Discrimination / Harassment

And to think the original idea was to reduce litigation!

01/06/2010

When Prudential Insurance instituted alternative dispute resolution (ADR) to handle employee discrimination charges, it never imagined the move would lead to a decade of litigation. According to lawsuits filed by 236 former and current Prudential employees, the ADR process established in 1999 is nothing more than a sham.

Rutgers settles race bias case with maintenance workers

01/06/2010

Four minority maintenance workers have settled their race discrimination case with Rutgers University. According to The Star-Ledger, the workers—three black and one Hispanic—alleged they were consistently passed over for promotion in favor of white employees.

On tap in Trenton: NJLAD could ban autism bias

01/06/2010

People with autism would be among those protected by the NJLAD if measures introduced in the state Assembly and Senate pass. The bills would make it illegal to discriminate in employment because a person has autism. New Jersey has the highest incidence of autism in the country with one out of every 94 children showing some symptoms of the condition.

Required by law or not, make harassment training mandatory

01/06/2010

Although California, Connecticut and Maine are the only states with laws requiring workplace harassment training for supervisors, employers in other states have followed their lead in an effort to reduce liability for ill-informed behavior of employees, decrease the cost of litigating complaints of harassment and create a more hospitable work environment.

Fashion tip: Don’t overdo grooming and dress standards

01/05/2010

If you have a strict grooming policy or are considering implementing one, make sure you first understand what you can and cannot require employees to wear or what grooming standards you can legally enforce. Employees can and do sue when their employers try to impose rules that interfere with religious beliefs, reflect sexual stereotypes or are simply demeaning.

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Genetic Information Nondiscrimination Act

01/01/2010

HR Law 101: The Genetic Information Nondiscrimination Act (GINA), signed into law in May 2008, prohibits employers with 15 or more employees from discriminating against job applicants or employees based on their genetic information in hiring, firing, compensation or any other terms of employment.

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.