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Discrimination / Harassment

Clamp down on teasing to stop hostile environment suit

01/13/2009

Unless it’s egregious and outrageous (something like a clearly racist epithet or a dangling noose), a one-time derogatory comment likely won’t become the foundation for a hostile environment lawsuit—if you take immediate steps to stop any escalation.

USDOJ sues Bonita Springs for racial discrimination

01/13/2009

The U.S. Department of Justice (DOJ) has filed a lawsuit against the city of Bonita Springs, claiming it violated Title VII of the Civil Rights Act by harboring a racially hostile environment in the Department of Parks and Recreation.

Made a mistake? Fix it fast to avoid liability

01/13/2009

It can happen to the best manager or HR professional. You discipline or demote an employee, and then, when she files an internal grievance or asks the company to reconsider, you conclude she shouldn’t have been disciplined or demoted in the first place. What should you do?

Native American status may mean extra bias claim

01/13/2009

People who identify themselves as Native Americans and believe they have been discriminated against may be able to sue based on two distinct claims for the same characteristic. Such individuals can claim discrimination based on national origin or race.

Stuffed monkey on noose rankles firefighters

01/13/2009

St. Paul Fire Chief Tim Butler said he will discipline two employees responsible for hanging a stuffed monkey by a noose in a fire station service garage in August. Butler said he learned about the monkey in September, when he ordered an investigation and had the items taken down.

Hilton women sue over orgy

01/13/2009

Deborah Smith, a former night manager of the SkyWater Restaurant at the Hilton Minneapolis, has filed a lawsuit alleging she was fired for walking in on an orgy involving upper managers in December 2007.

Can we have an English-only rule?

01/13/2009

Q. Is it OK for our company to prohibit employees from speaking in languages other than English in front of our customers?

New Congress dives into employment law

01/13/2009

The 111th Congress wasted no time signaling its intention to enact employment law legislation that dramatically favors employees, quickly passing both the Ledbetter Fair Pay Act and the Paycheck Fairness Act. They promise equal pay for equal work. Find out why business and HR groups oppose both measures.

Have policy, act fast to cut racism liability

01/09/2009

When racism raises its ugly head at work, employers must do two things. First, make sure everyone understands your company policy prohibits any form of harassment, including that of a racial nature. Then punish anyone caught violating that policy. And if racist graffiti is involved, remove the graffiti as soon as possible.

Consider settling if others can bolster individual’s sex discrimination claims

01/09/2009

If an employee is threatening litigation, try to find out whether others who belong to the same protected class might support her claims. If so, it may be time to settle.