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Discrimination / Harassment

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.

Is the U.S. workplace becoming more rude, raunchy?

12/08/2009

Boorish behavior and vulgar words are on the rise in U.S. workplaces. In fact, 38% of women say they’ve heard inappropriate sexual innuendoes and taunts in the workplace—up from 22% the year before. Such behavior can crush morale and increase turnover. Advice: Adopt a civility policy separate from your harassment policy.

Warn managers: Don’t make assumptions about pregnant employee’s capabilities

12/08/2009

HR professionals must make sure that supervisors hear this message loud and clear: Don’t make any assumptions about what a pregnant woman can or cannot do. Voicing such presumptions and taking action based on them virtually guarantees a pregnancy discrimination lawsuit.

Bosses need to know: They’re personally liable for discrimination under Ohio law

12/08/2009

Here’s an incentive for managers and supervisors to avoid doing anything that smacks of possible discrimination. While federal civil rights laws generally don’t make managers and supervisors personally liable for discrimination, Ohio state law does. That should be a powerful incentive for line managers and supervisors to avoid creating a hostile work environment.

Cleared to work with no restrictions? Don’t assume employee isn’t disabled

12/08/2009

It makes sense that if an employee’s doctor releases him to return to work with no restrictions, the employee can’t be disabled. Don’t make that dangerous assumption! The ADA covers employees when their claimed disability affects a major life function—and that function can be one that’s not an immediately obvious factor at work.

Construction firm flagged for sex bias settles for $300,000

12/08/2009

Lisa Drozdowski worked as a flagger for Danella Construction, which operates in 10 states, including Ohio. She was often asked to help laborers perform other tasks on the job site. But when she applied for a laborer position, which pays better, she was told the company did not hire women as laborers. Drozdowski filed a complaint with the EEOC …