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Discrimination / Harassment

Settled discrimination case? Be prepared to show you’re complying with terms

04/02/2009

If you’ve agreed to settle a discrimination claim, here are some steps that prove you’re serious about maintaining a discrimination-free workplace. Taking these steps can short-circuit efforts to hold you in contempt of court for not doing enough to prevent further problems.

Track discipline to counter claims of discrimination

04/02/2009

Make sure everyone on your HR staff knows about every disciplinary action. Track who is disciplined and for what reasons. Use that data to do a self-audit. You’re looking to see whether members of a protected class are being punished more severely than others.

Proposed N.Y. law would stymie credit checks on job applicants

04/02/2009

The New York State Legislature is considering restricting employers’ ability to check job applicants’ credit. Critics of pre-employment credit checks have noted that the economic downturn has forced many people to miss payments, and that the practice may unreasonably rule out large numbers of applicants.

Assessing witness credibility in workplace investigations

04/02/2009

During a workplace investigation, there are a number of practical steps that you, as an HR investigator, can take to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Citigroup accused of ‘recessionary’ sex bias

04/02/2009

In a textbook illustration of the perils of downsizing, a group of female executives has filed suit against beleaguered banking giant Citigroup, charging the bank’s layoffs hit women executives harder than men. That, attorney Douglas Wigdor told Forbes.com, is “recessionary discrimination.”

Ledbetter’s lesson: Revamp salary guidelines to make pay as fair as possible

03/31/2009

Now that the Lilly Ledbetter Fair Pay Act is the law of the land, it may be time to revisit how you set starting and incumbent salaries. If you currently allow managers and supervisors flexibility on pay issues, consider reducing that discretion.

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.