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Discrimination / Harassment

Dayton settles race discrimination suit with DOJ

04/07/2009

The city of Dayton and the U.S. Department of Justice (DOJ) have agreed to settle a race discrimination suit over the city’s hiring practices at its police and fire departments.

‘Dinosaur’ talk can revive extinct lawsuit

04/07/2009

Sometimes, one or two stupid comments are all it takes to fuel a lawsuit. Take, for example, talk that could be construed as ageist. It isn’t unusual to hear managers and supervisors throw around the word “dinosaur” or use the term “fresh blood” to describe changes to the workforce. Is it code for age discrimination?

Use outside investigator to build credibility

04/07/2009

Don’t hesitate to turn an investigation over to an expert from outside the organization when there is any doubt about fairness. Doing so may short-circuit a lawsuit. An independent investigator helps maintain the credibility of the investigation and might be able to spot well-hidden discrimination.

In down economy, it’s more important than ever to track every résumé submission

04/07/2009

If you have a fairly informal job application process, now’s the time to firm it up. The prolonged economic downturn means you’re likely to receive more and more applications. And that means more potential for lawsuits from unsuccessful job seekers.

Courts to employees who bring meritless suits: Pay up!

04/07/2009

Nothing is more frustrating than having to spend time and money defending a frivolous lawsuit. But courts are becoming just as frustrated as employers, and are increasingly assessing costs against employees who lose their lawsuits. You can’t get your time back, but at least you can recover some of your money.

Texas anti-bias agency pays $900,000—for retaliation

04/07/2009

A jury recently awarded $900,000 to a former employee of the Texas Commission on Human Rights, which is responsible for enforcing anti-discrimination laws, for firing her in retaliation for complaining about discrimination against the agency’s own employees.

Expect ‘lawsuit tsunami’ in wake of Ledbetter Fair Pay Act

04/07/2009

On Jan. 29, President Obama signed the Lilly Ledbetter Fair Pay Act, which may be the most important change in anti-discrimination laws in decades. It applies to all pending compensation-related lawsuits, but limits back pay to two years. Employers can look ahead to many years of legal wrangling over the interpretation of the seven key words of the act: “a discriminatory compensation decision or other practice.”

‘Sensitive’ worker? Don’t sweat small stuff

04/02/2009

Workplace survival can require a thick skin. Some employees are just too sensitive to what co-workers say, assuming that every overheard comment is directed at them or meant to offend them in some way. The fact of the matter is that even a few incidents that border on harassment or religious intolerance aren’t enough to trigger a successful lawsuit.

On race, the customer isn’t always right

04/02/2009

When it comes to whom you employ, pay no attention to your customers’ preferences if they lead you to make illegal decisions. Simply put, employers can’t consider what race or ethnicity their customers or clients would prefer when making hiring decisions. That would be discrimination.

Investigate and—if appropriate—punish fast following claims of hostile work environment

04/02/2009

Always investigate a co-worker harassment claim right away. If you find a problem, fix it immediately. A rule of thumb: If co-workers say things that most people would find inappropriate, chances are the terms really are offensive—and likely to create legal liability. Most common slang for race or ethnicity is likely to cause trouble.