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Discrimination / Harassment

Lessons from the Courts: Sept. 2009

08/20/2009

Discipline one day after complaint? See you in court … Obscure terms could trigger race-bias suit … Teach front-line staff how to handle legal papers … Employees can have more than one "employer" … Employee is her own lawyer? Don’t pull punches.

More courts lose patience with frivolous claims; they’re asking failed litigants to pay up

08/20/2009

There’s one silver lining to the rapid growth of employment lawsuits: Courts are losing patience with the rising number of applicants, employees and former employees who file suits that have no basis in reality. Increasingly, courts are approving sanctions against such employees and their attorneys.

Understand Islam to gauge your duty to accommodate religious practices

08/20/2009

Conflicts over religious accommodation in the workplace have spilled over into the courtroom, as more and more employees try to force employers to bend work schedules to fit their religious practices. It’s no longer just a question of whether employees are entitled to a day off on the Sabbath. In an increasingly diverse workplace, Islamic practices are spurring more litigation.

Congress, EEOC look into tightening age-bias law

08/20/2009

Age-discrimination lawsuits have shot up in recent years, climbing 29% last year alone. But a recent pro-business ruling by the U.S. Supreme Court will make it harder for employees to prove age bias in the workplace. Employee advocacy groups are crying foul.

New EEOC guide could spur severance-plan gripes

08/20/2009

Departing employees who are asked to sign severance packages now have a new tool to discover if those packages comply with federal law. The EEOC just unveiled a new guidance document that is expected to cause more people to question their severance packages—either to HR or to a court.

The 7 biggest triggers to age bias claims … and how to avoid them

08/20/2009

The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up:

Must we allow (or stop) Bible study at work?

08/20/2009

Q. An employee sent a companywide e-mail inviting employees to attend a morning prayer and Bible study prior to work that will be held on the company premises. Do we have to allow this (or do we have to shut it down)?

Same job, different pay: Is that legal?

08/20/2009

Q. We have two employees who have the same job title, job description and functions. We pay one a flat salary ($120,000). We pay the other a base salary plus a fixed rate for hours that are billable to the customer ($70,000, plus $20 for every billable hour). Can we do this or should their salary structures be identical?

Must we allow (or stop) Bible study at work?

08/20/2009

Q. An employee sent a companywide e-mail inviting employees to attend a morning prayer and Bible study prior to work that will be held on the company premises. Do we have to allow this (or do we have to shut it down)?

Porn on shared computer? Investigate carefully

08/14/2009

Your computer-usage policy no doubt prohibits visiting pornographic and other inappropriate sites. But what if someone surfs forbidden sites using a computer that an entire group of employees has access to? That makes it difficult to positively identify the guilty user. Your IT department can provide technical assistance so you can base your investigation and conclusions on facts.