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Discrimination / Harassment

EEOC says you discriminated? Investigate on your own before accepting settlement

06/01/2009

The EEOC essentially exists to prevent lawsuits by independently investigating discrimination claims and then trying to settle as many disputes as possible. Not surprisingly, the EEOC and its sister agencies often come to believe a discrimination problem exists and then urge employers to settle. Know that you don’t have to agree to settle.

Tell bosses: Keep family planning and pregnancy talk out of the workplace

06/01/2009

It’s natural to ask questions when you learn someone at work is going to have a baby. But it’s quite another thing when pregnancy-related questions come from supervisors. It’s best to let HR handle any leave requests and the like. Otherwise, you just might find your questions interpreted as anti-pregnancy bias if you end up having to fire a pregnant employee.

Fire employee who has filed complaint … if you’re prepared to address retaliation

06/01/2009

Employers often get into trouble when they punish someone who has filed an internal harassment or discrimination complaint. But that doesn’t mean you shouldn’t discipline employees for legitimate reasons just because they filed an unrelated complaint. The key is being able to show a good reason for your actions.

Cite specifics when firing to beat discrimination charges

06/01/2009

Employees who are fired have little to lose and everything to gain by filing a discrimination lawsuit. That’s why you should be prepared to show exactly why you terminated an employee and how the punishment fit the crime—especially if others kept their jobs after similar violations.

Courts crack down on serial plaintiffs—and their lawyers

06/01/2009

Some fired employees, unable to move on, file multiple lawsuits against their former employers. If that happens to you, take heart. Courts are starting to drop these cases early. They’re even beginning to consider sanctions against employees’ attorneys.

Texas judge gets 33 months in sex abuse case

06/01/2009

A federal district court judge in Texas was recently sentenced to 33 months in prison for lying about allegations that he sexually abused his secretary.

Roofing manager sues after firing following cancer diagnosis

06/01/2009

A former manager at Tyler Roofing Co. recently filed suit against the company, claiming that his employment was terminated because he missed work to receive cancer treatments. He sued for disability discrimination and violations of the FMLA in the Eastern District of Texas.

Law prof sues for retaliation in wake of husband’s own suit

06/01/2009

Law instructor Rosanne Platt has filed an EEOC and Texas Workforce Commission Civil Rights Division lawsuit against her former employer, the St. Mary’s University School of Law. Platt alleges that her contract was not renewed after her husband filed a lawsuit against the San Antonio law school.

How to legally handle chronically late workers

05/27/2009

Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?

The $10 million ‘manager from the past’: Teach bosses the risk of age-related remarks

05/27/2009

If you need more incentive to persuade supervisors to stop making negative comments about employees’ ages, consider this: A jury recently awarded a fired employee more than $10 million in punitive damages for age discrimination after what may seem like fairly insignificant ageist talk.