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Discrimination / Harassment

EEOC charges modular housing company with racial bias

09/23/2009

According to an EEOC complaint, North Carolina-based Professional Building Systems has subjected black employees in Pennsylvania to harassment that included drawings depicting members of the Ku Klux Klan. The complaint also alleges nooses have been displayed in the workplace …

What should we consider as we implement a community service evaluation measure?

09/23/2009

Q. Our CEO just implemented a new employee evaluation goal that calls for employees to do charitable volunteer work throughout the year. The more they volunteer, the higher the points they receive on their review, ultimately increasing their salaries. Can we do this without risk?

Adopt civility policy, punish disruptive behavior

09/21/2009

The workplace is meant for working, and employers have the right to expect their employees to behave themselves. You can and should demand that all your employees treat each other, customers, supervisors and everyone else with dignity. If you don’t already have a civility rule, consider adopting one.

Employee announces she’s pregnant? Say ‘Congratulations!’ … and nothing more

09/21/2009

There’s only one safe way to respond to an employee’s pregnancy announcement—and that’s a simple “Congratulations!” Anything else may spell trouble down the line, especially if the pregnant woman ends up being terminated. She’ll probably sue and try to tie any negative comments to the termination, arguing they demonstrate pregnancy bias.

It takes two to have an argument—suspend both when beefs get out of hand

09/21/2009

It’s a fact of life: Employees get into arguments at work. Obviously, you can’t let a situation get out of hand. But be careful how you discipline the individuals. That’s especially important if there’s no clear evidence about who said what to whom. If you decide to suspend one employee, suspend the other one, too.

Testifying for subordinate may be protected activity

09/21/2009

Supervisors who stand up for subordinates when they claim they have been discriminated against may be engaging in “protected activity.” That could make punishing those supervisors retaliation.

‘Sexting’ causes growing harassment risk in workplaces

09/18/2009

HR is being forced to respond to an increasing number of sexual harassment claims revolving around explicit photos sent via text message, a practice known as “sexting.” Latest case: A Hooters waitress in Florida sued, saying her manager sexually harassed her by texting explicit photos.

Teach bosses right way to handle doctor notes

09/18/2009

Some supervisors become visibly annoyed when receiving a doctor’s note that sets work restrictions on one of their employees. If the employee sees that reaction and then suffers discipline or termination soon after, watch out! He or she could link the timing of the two events as evidence of discrimination or retaliation.

Beware bloated résumés: Extra skills don’t necessarily mean better-qualified person

09/18/2009

Employees who want a promotion sometimes get upset when they aren’t selected, especially if the job winds up going to someone they perceive as less skilled or talented. But if the spurned employee’s extra skills or training weren’t necessary, they aren’t particularly relevant.

Insubordination or legitimate gripe? It’s important to know the difference

09/18/2009

When one of your employees objects to alleged illegal or discriminatory conduct in the company, you can’t simply fire or demote the person. That would be considered illegal retaliation. Still, that doesn’t mean such employees have the right to be insubordinate, rude and nasty.