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Discrimination / Harassment

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 …

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.