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Discrimination / Harassment

Ledbetter Fair Pay Act may apply to pending cases, too

02/24/2009

The recently signed Lilly Ledbetter Fair Pay Act may apply to pay discrimination cases that were filed before the law was signed and after the U.S. Supreme Court ruled in 2007 that employees have just 300 days to file pay claims after the initial alleged discriminatory decision.

Management company pays big for pregnancy discrimination

02/24/2009

Carole Smith, who worked for property management firm Normandy Properties, sued the company for pregnancy discrimination, and a jury awarded her $600,000 in compensatory damages. Then it assessed the company $1.2 million in punitive damages.

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.