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Discrimination / Harassment

Harassment claim sound loony? Investigate anyway

04/27/2009

Some sexual harassment claims seem so obviously absurd, they’re hard to take seriously. Even so, smart employers investigate and draw conclusions after at least talking to the parties involved. That way, should an employee sue, the company can show it handled the matter promptly and in good faith.

NJLAD amendment aims to end credit history discrimination

04/27/2009

State Assemblyman Anthony Chiappone has introduced a bill that would amend the New Jersey Law Against Discrimination (NJLAD) to bar employment discrimination based on an applicant’s or employee’s credit history or financial status.

N.J. Senate examines possible ‘Senior Labor Task Force’

04/27/2009

The New Jersey Senate Labor Committee has unanimously passed a bill requiring the state to establish a “Senior Labor Task Force” to study, evaluate and make recommendations in four key areas affecting senior citizen employment in New Jersey.

Remind managers to note disability disclosures

04/22/2009

The ADA protects disabled employees from discrimination, but it’s up to the disabled employee to come forward. Employers can’t be expected to be clairvoyant. Smart employers find a way to track those disclosures. Here’s an example of why that’s important:

Make sure your investigations are thorough

04/22/2009

Employers have great leeway when it comes to discharging employees. But many employers get into trouble by failing to conduct a thorough and fair investigation. If the employee can prove the investigation was so cursory that it was just an excuse to cover up an illegal motivation such as age discrimination, the employer may lose big.

Verizon settles harassment suit filed by Pittsburgh woman

04/22/2009

Lissa Hannan, a Verizon employee in the Pittsburgh area, filed a complaint alleging a male contractor sexually harassed her. The company essentially put her on hold and then hung up. Ten days after she filed her complaint, Verizon fired Hannan. The company ended up agreeing to pay her $37,000 to settle the lawsuit.

Don’t make juries use their imaginations! Tell decision-makers to keep interview notes

04/22/2009

Months or even years after the fact, it can be hard for managers to remember what happened during a job or promotion interview. That can be a problem if they have to recall in court the interview and the decisions that resulted. And that can add up to unconvincing testimony, which can cause juries to doubt their sincerity and honesty—and therefore conclude the organization was discriminating.

Discipline based on customer complaints? Get them in writing

04/22/2009

Sometimes, you may want to discipline or discharge an employee because of customer complaints. Get those complaints in writing—you may be able to use the letters as evidence that proves you sincerely fired the employee based on the complaints.

Banish any talk of old age, new blood

04/20/2009

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. Although the court has said the award should be lowered, the employee will still collect more than $6 million in compensatory damages.

Beware behavior that ‘poisons the well,’ spawns discrimination lawsuits

04/20/2009

Poor attitudes among managers and supervisors can infect the rest of an organization, and courts are becoming more aware of the adverse effects of such so-called “poisoned wells.” As the following case shows, when higher-ups in the organizational hierarchy display signs of discrimination, those lower down may act on those signs.