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Discrimination / Harassment

Cover retaliation in all supervisory training

07/13/2009

Punishing an employee for complaining about discrimination is retaliation even if it turns out that whatever the employee was complaining about wasn’t discrimination. That’s why you should include information on avoiding any form of retaliation in all your training programs.

Crom companies head to court to defend harassment charges

07/13/2009

The EEOC has filed charges against Crom Corp. and Crom Equipment Rentals, two Gainesville construction companies, for firing a black worker after he complained of racial harassment following an alleged series of disturbing events.

‘Get real’ with job reviews; don’t fluff them up

07/08/2009

You and the supervisors at your organization have read horror stories of negative performance reviews spawning lawsuits from disgruntled employees. As a result, some supervisors may shy away from rating someone lower than his or her colleagues. That fear is one main reason too many reviews are positive even if performance is average or poor. The better thing to do is to urge your supervisors to “get real” with reviews.

Don’t rush to judge accommodation requests; ADA requires interactive give-and-take

07/08/2009

Employees who qualify as “disabled” under the ADA have the right to reasonable accommodations to allow them to perform the essential functions of their jobs. But choosing those accommodations requires an “interactive process” between employer and employee. Employers that rush to judgment about the alleged disability or the accommodation request will risk legal trouble.

‘Same-actor’ defense won’t always work; establish unbiased reasons for firings

07/08/2009

When the person who hires someone is the same one who conducts the firing, courts typically discount the idea that discrimination was involved. After all, why would someone who hired an applicant discriminate later because of that person’s age, race or sex? But be aware that the defense doesn’t always work if there is clear discrimination evidence.

Firing harasser is necessary, even if long-ago age comment could spark lawsuit

07/08/2009

Terminations aren’t always clean. Sometimes they’re damned-if-you-do, damned-if-you-don’t situations. That’s often so when you conclude that an employee harassed another and must be terminated. With nothing to lose, the fired employee may try to concoct a discrimination lawsuit.

Transfer to slower-climbing position can equal retaliation

07/08/2009

Be careful if you transfer an employee who filed a discrimination complaint to another position. Even if the new job provides the same benefits and pay, it may look like retaliation if the position comes with fewer advancement opportunities.

Instant response to harassment complaint cuts liability risk

07/08/2009

Here’s another reason to act fast when an employee says a co-worker has sexually harassed her: Employers that act quickly seldom lose sexual harassment lawsuits if their action stops the harassment.

Texas law school professor alleges age and gender bias

07/08/2009

Rosanne Piatt, an instructor at St. Mary’s University School of Law, recently filed a charge of discrimination with the EEOC and the Texas Workforce Commission Civil Rights Division. She claims the university discriminated against her on the basis of her age and gender.

EEOC offers new guidance to avoid bias against employee/caregivers

07/08/2009

In 2007, the EEOC released a set of guidelines advising employers on issues related to caregiver bias. Following up on that issue, the commission has supplemented those guidelines with recommendations designed to help employers “reduce the chance of EEO violations against caregivers.” It’s imperative that companies begin to train managers and supervisors on the content of this most recent guidance.