• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

High court upholds firing lactating worker

10/05/2009

Although state and federal laws protect new mothers from discrimination, the Ohio Supreme Court has ruled it was legitimate for an employer to fire an employee who did not ask for an accommodation to pump breast milk. The court concluded that the employer didn’t discriminate on the basis of sex, but simply terminated an employee for insubordination.

Abercrombie & Fitch docked $115,000 for disability bias

10/05/2009

Abercrombie & Fitch has been fined $115,000 for discriminating against an autistic customer at a Minneapolis store. Fourteen-year-old Molly Maxson, accompanied by her mother and sister, wanted to try on clothes at the store. But store employees stopped Molly’s sister from entering a dressing room to help her.

You’ve got mail—and you might have a lawsuit if your e-mails are too casual

10/05/2009

E-mail—often quick and informal—is the standard for most business communications these days. But if you’re too casual in the way you word e-mails, you could wind up in lots of legal trouble, as the following case shows.

Accept public funds? Then don’t use religion as basis for making employment decisions

10/05/2009

Businesses and nonprofits that receive taxpayer money and contract with government agencies to provide services may be prohibited from using religious criteria in hiring and firing. And hiring on the basis of someone’s religious beliefs or affiliation may be proof that an employer has crossed the line.

Replacing worker with someone slightly younger isn’t age bias

10/05/2009

The Age Discrimination in Employment Act protects workers age 40 or older from discrimination based on age. To win an ADEA lawsuit, an employee has to show that a younger employee replaced her. However, that younger employee must be at least six years younger unless there is direct evidence of age discrimination.

Parma cable company sued for sex discrimination

10/05/2009

The EEOC has sued Digital Cable and Communications South, a Parma-based cable TV installation company, for allegedly refusing to hire female applicants for cable technician jobs.

Dave’s Markets chain charged with sexual harassment

10/05/2009

The EEOC has sued Cleveland-based Dave’s Markets, alleging the chain tolerated a workplace rife with sexual harassment. The lawsuit claims that a longtime male manager made repeated and unwanted sexual advances against female employees, and the company did nothing to stop it.

Before firing, make sure you treated others just the same

10/05/2009

Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.

Can we require employees to waive their rights to file an EEOC charge?

10/02/2009

Q. I know employees can be required to waive their rights to sue to resolve employment-related disputes, either through a negotiated release or binding arbitration agreement. Can an employer also require employees to agree to waive their rights to file EEOC charges?

Can we privately settle a race bias case that may be heading for the EEOC?

10/02/2009

Q. We have been threatened with a race discrimination lawsuit. Frankly, we think we made a mistake. Can we settle the matter just between the employee and us?