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Discrimination / Harassment

Demonstrate good faith by keeping thorough notes detailing your investigations

02/10/2020
Judges don’t want to second-guess employer decisions. But they do want to see that employers act in good faith when they terminate workers. That makes it essential to document every investigation that might lead to a firing.

When documenting discipline, note all details

02/10/2020
When an employee files a lawsuit alleging discriminatory discipline, she will point to other employees outside her protected class who were treated more leniently. It’s critical for employers to document the details that distinguish one case from another.

Settlement with EEOC puts Compass Group on right path

02/07/2020
Compass Group USA, a food service company that operates a dining facility at the University of Texas’ Medical Branch in Galveston, has settled an EEOC sex discrimination lawsuit for $10,000.

Beat potential discrimination lawsuits by documenting rationale for reorganizing

02/07/2020
Employees whose jobs are eliminated during a reorganization sometimes suspect that they got the axe because of some discriminatory reason. Then they sue. But employers don’t have to worry too much about those lawsuits—if they have documented the underlying reasons for the reorganization.

Oilfield firms pay $1.2 million to settle race bias charges

02/07/2020
Nabors Corporate Services and its successor, C&J Well Services, both oil-industry firms based in Houston, have agreed to pay a class of nine black workers and one white worker $1.2 million to settle race discrimination and retaliation charges.

Check employee’s EEOC filings for missed deadlines

02/06/2020
Employers should always check EEOC complaints to make sure the deadline was met. If more than 300 days have passed, and the employee still sues, you can usually get the case tossed out.

OK to expect better behavior from managers

02/06/2020
While a subordinate might be excused for a minor rule breach, his supervisor could legitimately be disciplined for breaking the same rule. Just make sure your handbook outlines this greater expectation.

EEOC charge trends contain good news & bad

02/06/2020
Good news and some bad news for employers lurks within the EEOC charge statistics for Fiscal Year 2019.

Employee represents herself? Prepare for long legal slog

02/03/2020
Sometimes, litigious employees decide to act as their own attorneys. Don’t assume this will make it easy for you to win in court. If anything, when a past or current employee decides to represent herself, the case may end up taking longer and costing more.

Encourage staff who witness harassment to report it

02/03/2020
Since the #MeToo movement became influential in 2017, the EEOC has focused on encouraging so-called bystander reporting of workplace sexual harassment. But a recent case highlights what happens when a bystander takes reporting harassment seriously and finds himself fired.