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Discrimination / Harassment

Use formal process to promote from within

08/11/2009

While courts seldom want to second-guess employment decisions, sometimes employers provoke that scrutiny. That can happen, for example, when companies rely on the “old boy network” to promote from within instead of using a more formal, organized process.

EEOC ropes Tampa company over workplace nooses

08/11/2009

WRS Compass is the latest company to face an EEOC lawsuit after failing to rein in workplace racial harassment. According to the complaint, one black worker found a noose on his steering wheel, and a white employee displayed a noose on his car. When workers complained, a white supervisor replied, “Maybe, he just likes nooses.”

When firing follows harassment, watch out! You could be facing a retaliation lawsuit

08/11/2009

Many sexual harassment complaints turn out to be much ado about very little. That doesn’t mean, however, that you can close the case and forget about the whole thing. That can be especially dangerous if the person about whom the complaint was made is a supervisor who still has authority over the employee who complained. Here’s how to handle the aftermath of a closed harassment complaint:

What plaintiff’s lawyers don’t want HR pros to know

08/11/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but attorney Whitney Warner did. Learn what she fears most when staring down an employer in court.

Don’t overreact to co-worker’s isolated racial slur, but don’t ignore it either

08/11/2009

Most HR professionals like to think their workplaces are free from slurs and other behavior that smacks of racial hostility. If only that were always true! Sadly, bigotry sometimes rears its ugly head. But the good news is that an isolated comment probably isn’t enough to make you liable. That is, unless the comment is made by a supervisor.

Develop objective promotion criteria, stick with them—and be sure to document them

08/11/2009

You’ve just made another tough promotion decision, and 10 other urgent tasks require your attention. Before you move to the next item on your to-do list, take the time to document the promotion process. That way, if you are later sued, you can easily show the court the factors you considered.

Make sure your promotion process gives all qualified candidates enough time to apply

08/07/2009

Supervisors who want to hand-select a particular employee for a job may be tempted to play fast and loose with the company promotion process. Watch out!

Beware long suspensions, even with pay! They could be adverse employment actions

08/07/2009

Traditionally, a temporary suspension with full pay hasn’t been deemed an adverse employment action, mainly because courts want to give employers time to determine what an appropriate disciplinary action might be. But if the employer extends that suspension or turns it into a transfer to a no-duties position, courts may take that into consideration.

Check severity of harassment allegations when facing hostile environment claim

08/07/2009

Fortunately, courts don’t have the time or inclination to guarantee that every workplace is free of irritations or minor problems. Those can include what some employees may interpret as sexual harassment. One relatively innocuous pass isn’t usually enough for an employer to lose a case in court.

When employee complains years later, look for prior gripes

08/07/2009

Sometimes, employees claim they didn’t dare complain about alleged discrimination or a hostile work environment until years after the fact. To explain the delay, they may say that they were scared to complain. That’s when you should check for prior complaints. If there are any, the fact that they complained earlier can be used to show they couldn’t have been all that afraid.