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Discrimination / Harassment

Supreme Court rules on maternity leave, pregnancy discrimination

05/19/2009

The Supreme Court on May 18 ruled that women whose retirement benefits are worth less because they weren’t credited for time spent on maternity leave before enactment of the Pregnancy Discrimination Act can’t sue to recover lost funds. Learn more about a case with important implications for benefits programs.

Look for firing trends that could signal bias

05/15/2009

In a case that illustrates why you should review all your employment decisions for potential hidden bias, a California appeals court has ruled that employees can use other employees to testify that they, too, were discriminated against in the same way.

Pregnant employee? Make every effort to accommodate temporary restrictions

05/15/2009

Terminating a pregnant employee because she has minor medical restrictions can be very expensive. The move may mean you have to make the employee financially whole—plus pay a large punitive damage award and attorneys’ fees. Here’s the best way to handle temporary medical restrictions associated with pregnancy:

Government employers get some backup: You’re free to harshly punish harassers

05/15/2009

If you are a public employer, you know how hard it is to punish an employee. Now the California Court of Appeal has made it a little easier by overturning a Civil Service Commission decision that merely slapped a harasser on the wrist. Now it’s clear that government employers have to take serious measures to end harassment in the workplace.

Avoid shifting explanations for termination

05/13/2009

One of the worst things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale—a performance problem or rule violation, for example, or perhaps a business downturn—and document that decision and all the supporting evidence.

Settling case? Prevent a second lawsuit by including promise not to reapply

05/13/2009

When you settle a lawsuit involving discrimination or some other employment matter, you typically want that to be the end of it. But what if the former employee applies for an open position? Avoid a second lawsuit by including a condition in the settlement that bars the employee from ever seeking employment with the company again.

Male-dominated mailroom costs Star-Tribune $300,000

05/13/2009

The Star-Tribune, one of the 20 largest newspapers in the country, has signed on to a class-action settlement agreement involving two women who filed sexual harassment charges against the company. The agreement was worked out by the EEOC after two women working in the mailroom claimed they were subjected to a sexually hostile work environment.

OK to factor in truthfulness when disciplining

05/11/2009

Sometimes, it isn’t the rule violation that makes a supervisor want to fire an employee, but the way the employee responds when confronted. Some will lie and deny what turns out to be obviously true. Others may ’fess up. You can leniently treat those who do the right thing, while punishing the others.

Worker claimed retaliation? Don’t fear legitimate firing

05/11/2009

Sometimes, employees think all it takes to keep from being fired is a well-timed complaint alleging discrimination, harassment or retaliation. That, they reason, will scare an employer into overlooking poor performance or even criminal behavior. Don’t fall for it.

Curiosity about co-worker’s accommodation not harassment

05/11/2009

Even though employers must maintain confidentiality when a disabled employee receives ADA accommodations, other employees are bound to notice. For example, they might ask how the employee got a good schedule or even if she has a disability. That doesn’t amount to disability harassment.