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Discrimination / Harassment

Lilly Ledbetter Fair Pay Act already spurring more cases

03/09/2009

The Lilly Ledbetter Fair Pay Act has opened the litigation floodgates. Already, federal courts hearing Florida cases are reinstating lawsuits they would have easily dismissed just weeks ago.

Track shift assignments to ensure fairness to all

03/09/2009

If your organization operates several shifts to get its work done, you probably have a system in place to make sure shift assignments are drawn up fairly. If you don’t, consider implementing such a system now.

Offer alternatives to layoffs—but don’t expect your good deed to go unpunished

03/06/2009

Courts understand that today’s economic climate is difficult. They aren’t likely to assume a company is restructuring or downsizing solely to “get” some employees. That’s especially true for employees lucky enough to be offered an alternate position—and then turn it down in order to sue.

Take strong stand against harassment with policy—and punishment for harassers

03/06/2009

There’s no sure way to protect your organization from a rogue supervisor who sexually harasses a subordinate. However, you can reduce your liability with a strong, proactive stand against any supervisor/subordinate personal relationships.

Post promotion opportunities, keep records of applications

03/06/2009

Base your promotion process on a well-publicized system of posting opportunities and tracking applicants—not word of mouth or personal recommendations. It’s the best way to prevent failure-to-promote lawsuits. After all, if you can show an employee didn’t apply for a promotion, the case disappears.

No sovereign immunity for public school bodies

03/06/2009

Generally, state agencies can’t be sued in federal court for federal employment law violations unless they have explicitly agreed to give up their right to sovereign immunity. Even so, federal courts are reluctant to leave employees out in the cold.

J.C. Penney to pay $50,000 to end race discrimination case

03/06/2009

J.C. Penney has agreed to settle a racial discrimination suit filed by Reinell Singh, an African-American employee at a Staten Island store. Singh alleged her supervisor used racially offensive names when referring to her and ultimately fired her because of her race.

Stacks of résumés are no excuse for sloppy hiring practices

03/06/2009

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.

Get legal help right away when union moves in

03/06/2009

After years of setbacks, the labor movement is enjoying a renaissance. More employers will find themselves with a unionized workforce. If you suspect your employees will seek union representation, hire an attorney who is an expert on organized labor unionization right away. Otherwise, you may find yourself facing unfair labor practice charges.

Last-chance isn’t ‘license to discriminate’

03/06/2009

If you use last-chance agreements that include an employee’s promise not to sue, understand that courts will strictly limit such a promise. The agreement can include a promise not to sue for past alleged employer discrimination in exchange for the last chance to remain employed. However, that promise cannot be extended to any discrimination that may occur later.