• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

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.

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.