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Discrimination / Harassment

One way to stop retaliation cases: Evenly enforce sick-leave documentation rules

09/28/2009

You shouldn’t have to worry about losing a retaliation lawsuit if you consistently follow your internal rules for seeking medical information from employees who ask for sick leave. That’s true even if the employee has already complained about discrimination, either internally or to the EEOC.

REDA revisited: It doesn’t cover discrimination claims addressed by federal law

09/28/2009

The Retaliatory Employment Discrimination Act is intended to prevent employers from punishing employees for reporting unsafe or illegal working conditions or filing workers’ compensation claims. But recently, employees and their lawyers have tried to use REDA to claim more general retaliation for reporting allegations of race discrimination. Fortunately, the courts are shutting the doors on such claims.

You can force civility, but not friendship

09/28/2009

Not everyone is going to get along with everyone else at work. The fact is that some employees may be more difficult to like than others. But as long as an employer makes sure its “difficult” employees are treated with civility, it doesn’t matter that co-workers ignore them or form their own little cliques.

N.C. discrimination complaint bars federal claim

09/28/2009

North Carolina state employees who take their discrimination complaints to the North Carolina Office of Administrative Hearings lose the right to litigate the same claims later in federal court under Title VII. They don’t get two bites at the apple.

Make sure HR reviews each firing in advance

09/28/2009

When it comes to termination, courts cut employers lots of slack—if employers can show they sincerely believed they were firing an employee for good reasons. You can show that good faith by having HR review all disciplinary actions, especially double-checking on termination decisions before they are finalized.

No raise = no review; a losing strategy

09/25/2009

“We’ve put a freeze on pay raises, so why do we need to keep doing performance reviews?” The recession has led many employers to ask themselves that question. But dropping reviews can be a morale buster and liability magnet.

Check reason before approving post-complaint discipline

09/25/2009

Employees who complain about alleged discrimination by a supervisor can set up a retaliation claim if they are disciplined or otherwise punished shortly after complaining. Relying solely on the say-so of the boss the employee initially complained about may cause trouble if that supervisor’s reasons are flimsy.

Appeals court opens door on sexual orientation, although Title VII doesn’t cover it

09/23/2009

The 3rd Circuit Court of Appeals has issued an opinion that may result in many more sex discrimination lawsuits at work. The case allowed an avowedly homosexual man to file a sex discrimination and harassment lawsuit based on his effeminate mannerisms—even as the court reiterated that sexual orientation isn’t covered by Title VII.

Use ‘general public’ test to determine whether employee is disabled under the ADA

09/23/2009

Employees who have minor physical problems—even permanent ones—aren’t necessarily disabled and entitled to ADA accommodations. The test in each case is how the impairment compares with the average member of the general public.

How to wind up in court: Suggest ‘a man would be better’

09/23/2009

Here’s advice that bears repeating to everyone involved in hiring and firing: Never opine that you’d prefer someone of the opposite sex to do a job. Word will get around … and you’re sure to get sued.