• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Set hiring criteria and then stick with it

06/05/2009

Courts give employers the benefit of a doubt when it comes to the qualifications they seek in job candidates, and the questions they ask during interviews. As long as the criteria and questions are job-related and not otherwise illegal, courts grant wide latitude. But once you decide on hiring criteria and use them to rank candidates, resist the temptation to go back and tinker with the rankings.

Beware influence of biased supervisor when making termination decisions

06/05/2009

Here’s a way to guarantee a race discrimination case will go to a jury trial: Let a supervisor with an obvious racial bias participate in the decision to terminate an employee who belongs to the protected class the supervisor dislikes. Even if you have a seemingly legitimate reason to terminate the employee, the supervisor’s involvement will taint the entire process.

Lawsuits on the rise: Audit your policies to prevent litigation

06/05/2009

The economy is a shambles, and employers are doing everything they can to stay in business. That includes terminations, salary and wage cuts and temporary furloughs. Nearly every one of those moves carries litigation risk. Have your company’s personnel policies and practices had a checkup lately? A comprehensive audit is one of the easiest ways to spot problems.

Audit firings to guard against bias suits

06/05/2009

Employees who lose their jobs have very little to lose by making an appointment with an employment lawyer. To prepare for possible surprises, you should do what a good employment attorney does—look for hidden discrimination in your workplace.

Charitable donation OK in lieu of union dues

06/05/2009

Some employees’ religious beliefs forbid them to belong to labor unions. Because, like employers, unions may not discriminate on the basis of religion, they must make reasonable accommodations for employees who object to any of their pay going to the union.

Dayton gets unlikely help from union when courts try to force settlement

06/05/2009

Sometimes, the HR business makes for strange bedfellows. Consider what happened in one recent case when the U.S. Department of Justice sued the city of Dayton, claiming its rules for hiring police officers and firefighters unfairly screened out black candidates. The police and firefighters union stepped in to intervene in the litigation.

EEOC offers tips to avoid caregiver discrimination

06/01/2009

The EEOC last month spelled out a series of best practices that employers should follow to avoid discriminating against workers who care for ill family members.

Beware vengeful boss’s shadowy retaliation

06/01/2009

Even if someone else in the management hierarchy actually terminates an employee, a supervisor who’s seemingly had it in for the employee can still cause a world of legal headaches for the employer. This is the so-called “cat’s paw” legal theory, which holds that employers are liable if they approve a recommendation that is based on illegal motives such as retaliation.

‘Same’ offense? Document why discipline differs

06/01/2009

If you punish two employees differently for what looks like the same rule violation or mistake, you’d better be prepared to explain why. If you are later challenged, you should be able to show that the two weren’t “similarly situated” and prove you didn’t favor one over the other.

Houston strip club’s youth movement draws EEOC suit

06/01/2009

The EEOC recently filed suit against AHD Houston, claiming that Mary Bassi, a waitress at Cover Girls strip club, was fired because of her age. The federal agency brought suit against the strip club’s parent company, arguing that Bassi was fired and replaced by younger servers even though she was popular with customers …