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Discrimination / Harassment

Attorney General’s office settles sex harassment claims

02/12/2009

Two women who filed lawsuits alleging they were sexually harassed while working for former Ohio Attorney General Marc Dann have settled their legal claims. Current Attorney General Richard Cordray announced that the agency had settled the women’s claims for $247,000 each, including attorneys’ fees.

Handbooks 101: 4 guidelines to follow, 5 policies to include

02/12/2009

Each year, new employment laws go on the books and courts write thousands upon thousands of decisions interpreting old laws. Yet, year after year, many HR professionals reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago—too often without a second of consideration whether the contents still pass legal muster.

What are our legal options? It turns out, an employee who is suing us was a thief!

02/12/2009

Q. Our company is being sued by an employee for discrimination. During the lawsuit proceedings, we discovered that he had been stealing from us. Do we have any recourse?

Can we cut our legal risk by offering unconditional reinstatement?

02/12/2009

Q. If an employee is suing our company, what are the benefits of offering her job back while the litigation is ongoing?

Preach zero tolerance for any harassment

02/12/2009

Employers are responsible if they know or have reason to know about a hostile work environment created by employees and do nothing to fix it. As a practical matter, what employers hear and see may be just the tip of the iceberg. Smart employers immediately attempt to get the whole picture and then correct the harassing behavior.

Black employees have 4 years to file Section 1983 lawsuits in Florida

02/12/2009

As an employer, you may be used to cases moving quickly through the EEOC and on to court. That’s because employees must file EEOC complaints within 300 days of the alleged discrimination. They then have 90 days after the EEOC dismisses the complaint to file a federal lawsuit. But black employees can also file a lawsuit under another section of the Civil Rights Act.

Set an example: It’s OK to punish managers more harshly than subordinates

02/12/2009

Impressions do matter, and employers are free to demand more of supervisors and managers than of those who sit lower on the company totem pole. All else being equal, you can treat it as a more serious violation when someone in authority breaks the same rule as an underling.

Track reasons why you hired or rejected every applicant

02/12/2009

You can never know beforehand which applicant might sue you. That’s one good reason to track every hiring decision and document why you hired some candidates and not others.

Don’t sweat new supervisor’s one-time demeaning act

02/12/2009

New supervisors don’t always manage their subordinates as well as more experienced managers. They’re going to make some mistakes along the way. And not every early mistake will mean a winning lawsuit for the subordinate. As the following case shows, it takes more than one stupid move to create a hostile environment.

Refusal to say ‘Happy holidays’ leads to EEOC complaint

02/12/2009

A Florida employee who was fired for saying “Merry Christmas” when answering the phone instead of the approved “Happy holidays” has filed a religious discrimination lawsuit against her former employer.