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Discrimination / Harassment

Static over dryer sheets comes out in the wash

03/31/2009

Fourteen employees of a Costco store in Hackensack took recycling a bit too far when they started reusing customer coupons for free fabric softener and dryer sheets. The employees wound up paying a high price for their “free” loot. When investigators brought the matter to the attention of store manager Sami Nasr, he fired all 14 employees.

Settlement agreement may be binding even without signature

03/30/2009

Here’s something to consider when deciding whether to settle a case. An oral agreement may be binding even if the parties never actually signed a written version. It’s a contract as long as the parties clearly agreed to the essential terms.

Set clear rules for initial employment period

03/30/2009

Sometimes, it’s obvious early on that a new employee isn’t working out. Firing such an employee won’t cause legal trouble as long as you based the call on previously set performance standards, job-related testing or some other impartial evaluation process.

EEOC & NJ AG partner for Youth@Work campaign

03/30/2009

The EEOC and the Civil Rights Division of the New Jersey Office of the Attorney General are partnering to launch a campaign to educate New Jersey youth and employers about workplace discrimination.

EEOC: Job bias claims set new record in 2008

03/30/2009

The EEOC says job bias claims of all kinds hit record levels during federal fiscal year 2008. A total of 95,402 complaints were filed during the year ending Sept. 30, 2008. The figure constitutes a 15% increase over 2007.

Shopper’s Vineyard settles race discrimination suit

03/30/2009

The Shopper’s Vineyard wine superstore in Clifton has agreed to settle a race discrimination case after the EEOC filed suit on behalf of a black front-line manager who was terminated during an alleged downsizing.

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/30/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

BK hands over $85,000 after boss seeks sex from teen worker

03/30/2009

A Clemmons Burger King is the latest fish caught in the EEOC’s teen sexual harassment net. Burger King will pay $85,000 to a teenage employee who was subject to unwanted touching, sexual advances and requests for sexual favors from the store’s general manager.

Promoting? Avoid any appearance of favoritism

03/26/2009

Choosing which of your employees to promote is always difficult, since at least one employee will be disappointed. That can lead to friction or even a lawsuit. That’s why it’s crucial for the entire process to look—and be—as transparent as possible. You simply must avoid any appearance of favoritism.

Refer to the rule book: Hiring and promotion policies belong in your employee handbook

03/26/2009

Employers with a good employee handbook that explicitly sets out the rules for handling hiring, promotions and raises have a huge advantage if there’s ever a complaint that those processes have been unfairly applied. Clearly written policies are one great way to counter the “he told me” claims …