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Discrimination / Harassment

Talk of one’s gay partner isn’t harassment

05/06/2009

Employers are rightly sensitive about the effects of any kind of sexually explicit talk at work. That’s because some employees are looking for anything to sue over. But now the 2nd Circuit, which has jurisdiction over New York, has handed down a ruling sharply limiting frivolous cases that could have set unrealistic employer obligations.

Being overly friendly isn’t harassment

05/06/2009

Title VII protects employees from discrimination based on sex, and sexual harassment is sex discrimination. That doesn’t mean, however, that every unwanted work relationship is sexual harassment. As a recent case shows, an obsessive interest, unrelated to sex, by one employee in another isn’t prohibited.

Crack down on association discrimination before it lands you in court

05/06/2009

Does your organization allow or tacitly condone it (by ignoring it) when employees criticize a co-worker who associates with members of a different protected class? If so, you should be aware that disciplining that employee can bring on a lawsuit.

Boss who hired also fired? Back it up anyway to defend against discrimination claims

05/06/2009

Employers are often advised to have the same managers who hired an employee also make the termination decision. The idea is that doing so may scuttle a discrimination lawsuit because it’s illogical for a manager to hire a member of a protected class and then turn around and fire him because of bias against that protected class. Don’t use it as an excuse to get sloppy with record-keeping and documentation.

Don’t worry about retaliation charge if all you did was ask worker to fill in

05/06/2009

It should come as no surprise that employees look for subtle as well as blatant retaliation. In one recent case, the employee thought that being asked to fill in (without being paid extra) for another employee who was on maternity leave was retaliation for her own discrimination complaint.

Be sure to document every employee problem

05/06/2009

You never know which employee will sue you, or when. Take, for example, promotion opportunities. Employees who aren’t picked may think the reason was discrimination. Then they sue. How will you support your promotion decisions?

What to do if boss pushes you to hire his unqualified friend

05/05/2009

Say a company exec asks you to hire his relative or friend, or he not so subtly urges you to give the application “strong consideration.” You want to reject the candidate because he’s obviously unqualified. But you don’t want to commit career suicide. What do you do?

A gray area: What to do when older workers start to coast

05/05/2009

When employees approach retirement, they sometimes go on autopilot, frustrating everyone involved, including co-workers and supervisors. But you can demand productivity from such employees and discipline them accordingly. Just be prepared to take special steps to stay away from age bias claims.

Building supplier settles bias case for $495,000

05/05/2009

White Plains-based Marjam Supply, a building supply company, has agreed to pay $495,000 to settle the complaints of five black employees. The five filed charges with the EEOC, charging the supervisors repeatedly used racial slurs, talked about joining the Ku Klux Klan and threatened to burn crosses on the workers’ lawns.

7th Circuit reverses ‘cat’s paw’ verdict

05/05/2009

When the 7th Circuit Court of Appeals, whose decisions cover Illinois, began acknowledging the “cat’s paw” theory of discrimination, it appeared to open employers to greater liability.