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Discrimination / Harassment

Good news: Courts open to attorneys’ fees for employers

06/11/2009

Since employees get attorneys’ fees when a court determines employers violated their rights, it seems reasonable that employers should get attorneys’ fees when they have to waste time and money on frivolous litigation. It turns out some courts are beginning to entertain such requests.

Counter bias claims with complete records

06/08/2009

These are tough economic times, and employers can’t be blamed for cost-cutting measures such as reductions in force. But before you act to trim your labor burden, prepare solid evidence showing exactly why you must cut those costs. You need a clear, written record, since those who participated in the decision-making may not be around to testify if the layoffs are challenged in lawsuits.

Address harassment complaint with thorough investigation—and quick action to fix problems

06/08/2009

The U.S. Supreme Court hasn’t decided any big sexual harassment cases for several years. That doesn’t mean the problem has disappeared or that employers should slack off in their efforts to prevent and fix sexual harassment. Instead, review your training program to make sure sexual harassment gets the attention it deserves. Then be sure to investigate any harassment complaints you receive.

Asked to enforce civility, court demurs

06/08/2009

Courts don’t want to become micromanagers. Employers still get to decide how supervisors should treat subordinates, as long as they’re not biased and their behavior doesn’t cross the line into harassment.

Don’t bend on disability accommodations if they could compromise safety

06/08/2009

It’s usually easy to accommodate employees’ everyday health problems, and employers should always be willing to consider making minor adjustments in work conditions. But be cautious about making accommodations that could affect workplace safety. Allowing an employee to bypass safety procedures or have a co-worker help her with them is almost always a bad idea.

Retain notes on salary negotiations to protect against pay discrimination claims

06/08/2009

We all understand that in a free-market system, it sometimes takes extra money to induce an applicant to leave one job for another. That’s all part of the hiring dance. But sometimes the end result is that an existing employee ends up earning less than a new employee who holds the same or a similar job and may sue for discrimination.

Tell bosses: Sexist comments can come back to haunt you

06/08/2009

If you haven’t recently reminded supervisors to keep anti-female comments to themselves, here’s a recent case
you can cite. Such comments will be viewed as direct evidence of discrimination. That practically guarantees a lawsuit if the employee is ever fired.

Good news: Courts reluctant to appoint free attorneys

06/08/2009

Even if it’s all in their heads, some employees think their co-workers and supervisors are out to get them. If they’re unable to find an attorney willing to take the case, they’ll often file the lawsuit themselves, asking the court to find and pay for an attorney. Fortunately, fewer and fewer judges are granting those requests.

EEOC gets crabby with Pembroke’s Club Gabys

06/08/2009

According to an EEOC lawsuit, when new management took over Club Gabys in Pembroke Pines, Fla., it stated its intention to “get rid of all the old and ugly people” and presumably replace them with young, beautiful and charming people like themselves …

Supreme Court decides Hulteen pregnancy discrimination case

06/08/2009

Claims of pregnancy discrimination have gained attention again with the U.S. Supreme Court’s recent decision in AT&T Corp. v. Hulteen. In light of the decision, now is the time to conduct an audit of your practices, policies and plans to make sure they comply with the  Pregnancy Discrimination Act ’s requirements.