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Discrimination / Harassment

Are there legal risks in capping salaries?

02/24/2009

Q. I have a question about capping employees’ salaries when they reach the top of the pay scale. I’m concerned because the only employees affected are those with many years of service and who happen to be over age 40. Have we made a legal error? Some of the affected employees are angry and have mentioned discrimination based on the residual effect of the cap?

It’s time for a pay discrimination self-audit

02/19/2009

Is your company vulnerable to employees’ claims that they weren’t paid the right amount due to company policy or discrimination? Now’s a dangerous time to answer “yes” or “I don’t know.” Reason: A perfect storm of trends is prompting more U.S. workers to pursue their pay-related claims in court.

EEOC: Discrimination claims up 26% since 2006

02/19/2009

Private-sector employees filed 95,400 charges of job discrimination with the EEOC in fiscal year 2008. That’s up 15.2% from the previous year and up 26% from 2006, according to a Washington Post report.

The HR I.Q. Test: March ’09

02/19/2009

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

What if worker objects to her name on holiday card?

02/19/2009

Q. An employee objected to us putting her name (just her first name!) on our company’s “Holiday Greetings from Our Staff” card. She said she doesn’t celebrate holidays for religious reasons and using her name without permission was illegal. The boss said she should “get over it.” Did we set ourselves up for a lawsuit?

The safest way to handle calls for references and recommendations

02/17/2009

As the economy shrinks, unemployment is growing in New York and throughout the country. If your organization plans to lay off workers or already has, brace yourself. Lots of former employees are going to list you and your managers as references when they seek new jobs. That means it’s time to make sure you have policies in place on how to handle reference-check calls.

Stamp out harassing behavior across the company

02/12/2009

When it comes to hateful and discriminatory speech and behavior, it makes no difference whether the conduct happens in the boardroom or on the factory floor. That’s why you should train everyone—from those in the executive suite to those working in the field—on your harassment policy.

Tell bosses: No comments on insurance cost, age

02/12/2009

Remind all managers and supervisors to keep any thoughts on insurance costs to themselves. If older employees end up being disproportionally affected by a reduction in force, any comments on insuring older employees may come back to haunt you.

Cite specific reasons for disciplining every employee who breaks company rules

02/12/2009

When it comes to disciplining employees, one size almost never fits all. An individual approach—one that considers the very specific circumstances that led to the discipline—is usually best.

Ohio EEO official’s motto: ‘Do as I say, not as I do’

02/12/2009

The Ohio Department of Transportation’s equal employment opportunity contracts coordinator, responsible for making sure agency vendors comply with state and federal anti-discrimination laws, has been punished for sending racist and sexist messages through the agency’s e-mail system.