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Discrimination / Harassment

You don’t have to be right on discipline—just honest

11/09/2009

Disciplining employees often requires making tough calls, especially when the disciplinary action is based on the word of co-workers. You may be forced to choose whom to believe. Don’t be tempted to ignore the complaint just because you can’t be sure who’s right. As long as you are honest, courts will be reluctant to second-guess you.

Ohio disability law doesn’t cover temporary injuries

11/09/2009

Like the ADA, Ohio’s disability discrimination law covers only some injuries, illnesses and conditions. It doesn’t cover temporary injuries.

Harassment by text: Is this my problem?

11/09/2009

Q. An employee complained that a co-worker was sending her sexually suggestive text messages and leaving inappropriate comments on her Facebook “wall.” Do I have any obligations to investigate?

Monitor boss for retaliation after complaint

11/09/2009

Supervisors sometimes get angry when employees accuse them of some form of discrimination. But if that anger spills over into increased scrutiny, more job tasks and other unpleasant conditions for the employees who complained, count on even more legal trouble. That’s why HR must do more than simply warn supervisors against retaliation.

Okeechobee employee’s button could spur religious bias suit

11/09/2009

A former cashier for a Home Depot store in Okeechobee claims the retailer fired him because he refused to remove a button on his orange apron that said “One nation under God, indivisible.” Now Trevor Keezor has threatened to sue for religious discrimination.

Hilton Grand Vacations hit with pregnancy bias charge

11/09/2009

The EEOC has filed pregnancy discrimination charges against Orlando-based Hilton Grand Vacations after the company failed to rehire a worker who resigned to deal with pregnancy-related health problems.

Hillsborough County settles harassment case against politico

11/09/2009

In a conclusion to a lurid case that has made headlines for more than two years, former Hillsborough County legislative assistant Alyssa Ogden has been awarded $75,000 for enduring constant sexual propositions from County Commissioner Kevin White.

Does an employee’s bankruptcy affect whether we can terminate him?

11/02/2009

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Sudden retirement? Watch for age bias lawsuit

11/02/2009

Older employees who believe a supervisor is trying to get rid of them because they’re too old can voluntarily retire—and then turn around and sue their former employer. By citing the so-called constructive discharge theory, they can show they had no choice but to quit.

Use clear criteria to ensure bias-free hiring

11/02/2009

Judges rarely second-guess the decisions of employers that use reasonable methods to hire or promote the best candidates. By using objective criteria and documenting the selection process, savvy employers win most cases.