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Discrimination / Harassment

Deny religious accommodations at your peril

05/11/2009

In a move that is surprising many, the EEOC has been taking on religious accommodations cases involving obscure and ill-defined religions. In one recent Florida case, the agency won the right to a jury trial for an employee who claims her religion requires her to wear a nose ring.

Note extraordinary offense when you must fire

05/11/2009

You have disciplinary rules for a reason. They tell employees what to expect and guide managers and supervisors so they don’t inadvertently treat employees who belong to a protected class more harshly than others. But disciplinary rules have to be a little flexible—loose enough to let you distinguish between minor infractions and major ones. Here’s how to strike the right balance.

Heaven-sent policy advice for supervisors: No proselytizing or urging workers to convert

05/11/2009

Employees have the right to practice their own religious beliefs—and not be subjected to proselytizing by their supervisors or others with influence over their work. Constant exhortations to be “saved” or otherwise renounce religious beliefs can create a hostile religious environment and great potential for a lawsuit.

Issuing a reprimand? That’s not retaliation

05/11/2009

Don’t think that just because an employee has filed an internal or EEOC discrimination complaint, you have to treat him with kid gloves. You can and should manage the employee just like you would any other staff member. Rest assured, issuing a reprimand or other mild disciplinary actions isn’t enough to support a retaliation lawsuit.

Florida Nordstrom employees win harassment settlement

05/11/2009

High-end retailer Nordstrom has settled an EEOC lawsuit alleging it allowed harassment of Hispanic and black employees at its Palm Beach Gardens and Wellington stores. Ten former employees will share in the $292,000 settlement.

Key West mayor’s assistant wins sexual harassment case

05/11/2009

Celeste Bruno used to work for Key West Mayor Charles “Sonny” McCoy. She claims he constantly regaled her with tales of his sexual conquests and asked prying questions about her and her husband’s sex life. She filed a sexual harassment complaint with the EEOC claiming the county knew of the mayor’s behavior and did nothing to stop it.

Can law enforcement agencies prohibit uniformed officers from wearing religious garb?

05/11/2009

Q. As a law enforcement agency, we have several employees who want to wear religious garb with their uniforms. Our uniform regulations do not provide any accommodation for religious symbols or dress. Can we require strict compliance with the uniform regulation without violating religious discrimination laws?

What’s likely to happen when an employee waits two months to charge harassment?

05/11/2009

Q. A female employee has made a hostile environment claim for the first time. She alleged that her male supervisor began sexually harassing her more than two months ago. She claims she didn’t complain sooner because she feared her supervisor would retaliate against her. Based on her excuse, will we still be able to defend against a lawsuit claim by asserting that she unreasonably failed to use the complaint procedure available to her to prevent and stop any alleged harassment?

Support exempt decisions with job analysis

05/06/2009

If an employee asks to be reclassified from nonexempt to exempt, make sure you carefully look at her position to determine her proper classification. If you have a legitimate reason for your classification decision, chances are she won’t be able to win a claim that you discriminated when you refused to reclassify her as an exempt employee.

Boss who hired also fired? Back it up anyway

05/06/2009

Most of the time, employers can win discrimination cases by showing that the same “actor” hired and fired an employee. Courts generally assume that the employer’s stated reason for discharge is the true reason and not an excuse to cover up discrimination. That doesn’t mean, however, that you can be loose with your discharge reasons.