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Discrimination / Harassment

When it comes to retaliation fears, don’t sweat the small stuff—because courts won’t

12/11/2009

Sometimes it seems as though anything an employer does after an employee complains about discrimination can get turned into a retaliation case. It’s not actually that bad. The fact is, it’s only retaliation if it would dissuade a reasonable employee from complaining in the first place. Minor workplace changes don’t count.

Beware retaliation suit if lateral transfer harms career

12/11/2009

While employers generally are free to direct their workforces in reasonable ways to meet operational needs, they can’t retaliate against employees for complaining about possible discrimination. While a mere reassignment to another department in a retail store isn’t retaliation, a transfer or series of transfers that limits future opportunities may be.

You can’t go wrong with a solid discharge reason

12/11/2009

You never know which employee will sue you, when or why. Everyone can probably find some reason good enough to get past the courthouse door. It’s your job to make sure you can send them right back out. The best way to do that: Always have a solid reason for disciplinary action.

What to do when execs undermine your HR policies

12/10/2009

Q. “For years, we’ve granted two employees—a married couple—extra unpaid leave for vacations. We recently notified employees that additional time off would no longer be given. But the owner sees no problem making an exception for this couple, even while other employees have to live with the new rule. How should I handle this?” Readers of The HR Specialist Forum weighed in with answers:

Take sexual harassment complaints seriously—even if they involve past lovers

12/09/2009

Some employers wrongly believe that when co-workers end what was a consensual sexual relationship, one employee can’t later claim sexual harassment for post-breakup conduct. The dubious assumption: Any subsequent unpleasant contact between the employees was probably based on jealousy or anger over the broken relationship rather than “on account of sex.” That’s not always true.

Review anti-discrimination practices to make sure they cover contract employees, too

12/09/2009

Employers sometimes erroneously assume that employees working under a set-term employment contract don’t have any rights once the contract expires. That’s simply not true. In fact, refusing to entertain a contract renewal for a discriminatory reason can be the basis for an employee’s lawsuit.

New employee not working out? Have hiring manager handle the firing

12/09/2009

Sometimes, you have to take a chance on a job applicant because the candidate pool isn’t filled with as much talent as you would like. Everyone knows picking a marginal candidate can turn out to be a mistake. If you find you have to terminate such an employee, have the same person who made the hiring decision also make the termination decision. That reduces the chance of a costly discrimination lawsuit …

Eaton Neck Fire Department settles age discrimination suit

12/09/2009

The Eaton Neck Fire Department agreed to settle an EEOC age discrimination suit that challenged the department’s practice of not allowing the time firefighters serve after their 65th birthdays to count toward length-of-service awards. And those awards are critical to firefighters because they’re used to calculate pension benefits.

Thomas Subaru settles hostile environment claim

12/09/2009

Long Island car dealership Thomas Subaru settled with the EEOC after three women complained about a pervasive hostile work environment. All three had been terminated after complaining of unwanted touching, sexually explicit and degrading comments and pornography in the workplace.

Court says ‘First things first’: No EEOC complaint means no federal lawsuit

12/09/2009

A federal trial court has refused to open the litigation floodgates for former employees who go directly to federal court instead of following the proper procedures before suing. Employees who want to sue for employment discrimination under Title VII are supposed to file a complaint with the EEOC or a state discrimination agency first.