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Discrimination / Harassment

No job opening? Employee can’t claim bias

02/26/2009

The 4th Circuit Court of Appeals, which covers North Carolina employers, has issued a no-nonsense opinion full of common sense: Employees can’t bring an employment discrimination lawsuit because they didn’t get a job that doesn’t exist or for which applicants aren’t being sought.

Know what constitutes insubordination

02/26/2009

Employees who oppose their employer’s illegal or discriminatory conduct are protected from retaliation. But that doesn’t mean such employees have the right to be insubordinate, rude and nasty. There’s a fine line between voicing opposition to a practice and challenging superiors in an insolent way.

Offer legit ‘fresh-start’ transfer without fear of being punished for retaliation

02/26/2009

Sometimes, an employee isn’t a good fit for a particular job assignment and becomes frustrated that things aren’t working out. Employers that transfer such an employee with the genuine intent to give her a fresh start in another department probably won’t run into legal hot water.

Use promotion committee—minus offending boss—to correct possible past discrimination

02/26/2009

It can happen at the best of companies: You discover that a careless supervisor or manager made some comments that might be interpreted as prejudiced. When that happens, you know to discipline that employee. But what do you do when the employee who was the target of the comments is up for promotion?

Harassment alert! Negligent hiring/supervision law applies

02/26/2009

Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

EEOC sues Mount Airy firm for religious discrimination

02/26/2009

The EEOC has filed a lawsuit against a Mount Airy carport dealer, claiming the employer allowed employees to mock a co-worker because of her religion and that supervisors didn’t respond when she complained.

Discrimination: Who is disabled under North Carolina state law?

02/26/2009

As time has passed, the North Carolina Persons with Disabilities Protection Act has evolved to cover more disabled North Carolinians. For example, the first version of the law excluded “working” as a major life activity, thus preventing coverage for those who might not be able to work without substantial accommodations. In 1999, the Legislature added “working” as a major life activity …

What factors should we weigh when deciding whether to offer severance package?

02/26/2009

Q. We are downsizing and letting go a long-time employee. We want to help her out by giving her a severance package. What should we consider?

Lost in MySpace: Know the law before searching web for applicant info

02/24/2009

Many of the millions who post information online never think a potential employer might read what they post. Meanwhile, employers believe that if the information is available online for the viewing, they have an obligation to look. However, several laws may restrict how you conduct the search or how you use the information.

Require everyone to report harassment—you’ll be justified firing those who don’t

02/24/2009

If you’re serious about wiping out sexual and other forms of harassment in your workplace, consider adopting a zero-tolerance policy for failing to report suspected or known harassment. By readily disciplining those who ignore that rule, you can create a new climate in which employees really believe you take harassment seriously.