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Discrimination / Harassment

Lessons from SHRM: Plaintiff’s lawyer reveals trade secrets HR pros need to know

06/30/2009

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 this one did. Learn what she fears most when staring down an employer in court.

Track résumés: More applicants = more suits

06/26/2009

If you have a fairly informal application process, now’s the time to firm it up. The prolonged economic downturn means you’re receiving many more applications and résumés than normal. And that means more potential for lawsuits from unsuccessful job-seekers.

No evaluations? You could be called ‘Out!’

06/26/2009

If your organization doesn’t have a solid performance evaluation system in place, you’re taking a high-stakes gamble you just might lose. Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce performance evaluations that back up why you terminated them.

Make sure managers report sexual harassment

06/26/2009

The 3rd Circuit Court of Appeals has ruled that managers who actually supervise the work of subordinates have a duty to report sexual harassment when they learn of it. If they don’t, their employer can still be held liable.

Know the limits of employee free speech—no need to tolerate out-of-line protests

06/26/2009

Employees have the right to voice concerns and complaints about perceived workplace discrimination. But employers have rights, too. Employees don’t have the right to communicate their concerns in ways that are disruptive, insubordinate or that otherwise violate reasonable company policies. You can punish employees who don’t play by the rules.

Easy come, easy go: Political appointees have little room to blame firings on bias

06/26/2009

In a pair of 3rd Circuit Court of Appeals cases, the court has made it clear that it has little tolerance for political appointees who clearly understand they serve at the pleasure of their elected officials and still sue when they are terminated, alleging some form of discrimination.

Emotional distress claims are workers’ comp issues

06/26/2009

A court has ruled that employees who file harassment and discrimination lawsuits can’t tack on charges of negligent infliction of emotional distress. Instead, the court said emotional damage claims allegedly caused by negligence are the sole province of the New Jersey workers’ compensation system.

Duane Reade settles sex harassment lawsuit

06/26/2009

Duane Reade, the New York/New Jersey drug store chain, has agreed to settle an EEOC lawsuit alleging that it allowed the work environment at one of its New York stores to become hostile by subjecting several female employees to sex and pregnancy discrimination.

Court finds NJLAD age discrimination loophole

06/26/2009

The New Jersey Law Against Discrimination makes age discrimination illegal, but it also says “nothing herein shall be construed to bar an employer from refusing to accept for employment or to promote any person over 70 years of age.” Now a court has decided that exception doesn’t apply to continuing employment.

Use ‘fresh-start’ policy to cut retaliation risk

06/26/2009

It often makes sense to give a fresh start to a poorly performing employee who has been complaining about discrimination. Place her in another position with a new supervisor, new co-workers and a clean disciplinary record. Then if her workplace problems persist, you can terminate her without worrying about retaliation claims.