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Discrimination / Harassment

Set up correspondence log tracking all incoming mail, faxes and e-mails

03/26/2009

It’s common sense: You can retaliate only if you know about whatever it is you are supposedly retaliating against. If you can show you never knew an employee was engaged in an alleged protected activity, it becomes impossible for an employee
to win a retaliation claim.

Murphy Ford created self-fulfilling Murphy’s Law

03/26/2009

Murphy Ford of Chester will pay $244,000 to settle sexual harassment complaints from three female employees. According to a complaint filed with the EEOC, the women complained to management about the dealership’s service manager who used to grab his private parts and make sexually explicit comments.

‘100% healed’ policy is 100% wrong, court says

03/26/2009

The federal court for the Middle District of Pennsylvania recently ruled that UPS’ policy of requiring injured employees to be fully healed before they can return to work constitutes discrimination under the Pennsylvania Human Relations Act.

Go away! Court won’t hear disabled plaintiff’s 12th lawsuit

03/26/2009

Normally courts are pretty lenient in allowing poor plaintiffs to file lawsuits. But the federal court for the Eastern District of Pennsylvania recently decided a disabled man who had filed 11 lawsuits in that court since 1999 no longer deserved the court’s indulgence.

What risks do we run if older worker loses job in restructuring?

03/26/2009

Q. We’re a small business (just eight employees) and haven’t laid anyone off. But business is slow and we need to restructure. We have an employee who has worked here part time (12 hours per week) for 25 years. She is 65 years old. We have one other part-timer (10 hours per week) who has worked here just one year. We’d like to lay off both part-time employees and keep the full-time employees. Can we do that?

‘Overqualified’: Legit phrase or lawsuit bait?

03/26/2009

With unemployment at its highest level since 1983, many applicants have far more experience and education than the job requires. But be alert: Advise hiring managers to avoid using the term “overqualified” in front of job candidates or in any written description of them. Rejected applicants could view the term as an age-related code word, thus sparking an age discrimination lawsuit.

DITO DITA … Do It To One. Do It To All

03/24/2009

Do you sometimes let employees bend company policy … just a little? It’s really no big deal, right? A new court ruling warns that if you start bending a policy for one, you’d better be ready to bend it for all. Being flexible can sometimes be fatal.

Zero tolerance for tardiness: Legal but unwise

03/24/2009

Q. Our company’s owner is tired of tardiness and has instituted a new rule that says anyone who is tardy will be fired, no matter the reason. Recently, some people were tardy during a snowstorm when their train could not make it on time. We were told to fire them. What do you think?

Make solid case for axing good but toxic worker

03/20/2009

Sometimes, an employee is so disruptive that it doesn’t matter how well she is performing her job. Constant arguments, tension and other elements of a personality conflict can poison the work environment and drag down other employees’ performance. She’s got to go!

9th Circuit will rehear massive Wal-Mart class-action sex discrimination case

03/20/2009

The 9th Circuit Court of Appeals has agreed to reconsider whether an enormous sex discrimination lawsuit filed against Wal-Mart will proceed as a class-action case.