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Discrimination / Harassment

Counter discrimination charges by seeking information from all witnesses

03/18/2009

Employees who’ve been fired have little to lose—and they’re quite likely to see a lawyer about possible litigation. Right off the bat, you can expect that attorney to check whether the employer conducted a real investigation before making the termination decision.

Track when you told worker she was being fired

03/18/2009

Because employees have to meet tight deadlines for most employment discrimination claims, employers should be ready to prove exactly when they notified employees about a pending termination. With an exact date at your fingertips, you can easily get a case dismissed …

What’s scope of sexual harassment investigation?

03/18/2009

Q. We are looking into an allegation of sexual harassment. According to the alleged victim, after she came forward, other employees began telling her they had similar problems with the alleged harasser. None of those incidents was ever reported. Must we expand our investigation to include the unreported incidents? Where do we draw the line?

Documentation key to stopping that 2nd suit!

03/13/2009

Congratulations! You’ve settled a case. Now make sure the same employee doesn’t sue you again. Remind managers and supervisors to treat the employee exactly like they treat all other employees in the same position.

Set up employee complaint hotline to flag managerial abuses—and stop lawsuits

03/13/2009

All too often, low-level managers and supervisors cause misunderstandings that could have been avoided. Of course, training on company processes, anti-discrimination or anti-harassment policies and so forth can prevent many workplace problems. As a backup plan, make sure you have a way for employees to quickly notify HR about any problems.

Use promotion panel to ensure one manager’s bias doesn’t taint entire process

03/13/2009

Sometimes, a supervisor or manager may favor a subordinate for a promotion because he shares some other relationship that has nothing to do with work. That doesn’t always mean there’s discrimination going on. Protect your organization by using a promotion panel to score and interview candidates. That way, you can root out any favoritism that could affect the promotions process.

Transfer—without penalty—won’t make a retaliation suit

03/13/2009

An employee who files a discrimination complaint is protected from retaliation. But that doesn’t mean employers can’t make everyday moves—such as transferring someone who once complained of bias—without risking a lawsuit.

Firing? Keep all communications between employee and boss

03/13/2009

Employees who have been terminated often claim they suffered some form of discrimination or harassment. That’s one good reason to tell managers and supervisors they need to keep each and every piece of paper, phone message and e-mail that led up to the firing.

Movie production companies wrap up PDA suit for $75,000

03/13/2009

Two production companies for Will Ferrell’s movie Stranger than Fiction will pay a rejected job applicant who was pregnant $75,000 to compensate her for discrimination.

Social Security disability doesn’t mean no accommodations

03/13/2009

A federal court has sided with the EEOC in a disability discrimination case involving the Macomb store of auto parts retailer AutoZone. The case involved a store manager, John Shepherd, who suffered from back and neck injuries that limited his ability to lift or rotate his upper body.