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Discrimination / Harassment

You don’t have to accept employee’s offer to submit to a lie detector test

08/04/2009

An employee facing discipline may bristle if you choose to believe someone else’s version of what happened instead of his own. He may even offer to take a lie detector test to prove what he’s saying is true. You don’t have to accept that offer.

Retaliation alert! Beware timing when acting against worker who files EEOC complaint

08/04/2009

Here’s a reason to slow down and act deliberately when disciplining an employee who has filed an EEOC complaint: A court has concluded that coincidental timing alone can be enough to keep a case alive. That’s true even if it turns out that all the accusations in the EEOC complaint turn out to be unfounded.

Know the 3 criteria for same-sex harassment

08/04/2009

Men can sexually harass men, and women can sexually harass women. The U.S. Supreme Court has outlined three ways an employee can prove that an incident of same-sex harassment is sex discrimination:

Lufkin ordered to pay $3 million in race bias suit

08/04/2009

A federal district court has ordered Lufkin Industries, the East Texas oilfield and industrial equipment manufacturer, to pay more than $3 million in back wages to a group of approximately 900 employees who claim they were victims of race discrimination.

Galveston nurse sues hospital; claims firing was race based

08/04/2009

A Galveston County registered nurse is suing the University of Texas Medical Branch, arguing that she was discharged from her job because of her race.

Supreme Court rules in firefighter ‘reverse’ discrimination case

08/04/2009

The U.S. Supreme Court has ruled that the city of New Haven, Conn., violated the rights of white and Hispanic firefighters who took promotion exams when it refused to use the test results to promote the highest scorers. The court ruled that the city could not use “[f]ear of litigation alone” to justify rejecting the results simply because the test appeared to have a disparate impact on another minority—namely the black firefighters who took the test.

Progressive discipline and pregnancy: Can the process continue?

08/04/2009

Q. If an employee is already on probation when she becomes pregnant, can we continue progressive discipline measures, including possible discharge?

Lilly and Carlos: Questions and answers on the Ledbetter Act’s unintended consequences

08/04/2009

The Lilly Ledbetter Fair Pay Act was designed to ensure pay equity for women. It does a whole lot more than that! Learn how this landmark legislation affects all protected employee classes and could influence your employee benefits program.

How to legally manage pregnancy and maternity leaves

07/28/2009

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.

Former boss’s good reviews don’t prove new boss’s bias

07/27/2009

When a new boss suddenly gives a lousy performance review to an employee who is used to getting good reviews, the employee may try to blame the change on the new supervisor’s alleged bias. Absent other evidence, that won’t prove discrimination in court.