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Discrimination / Harassment

Senate begins confirming Obama’s HR-related Cabinet nominees

01/21/2009

Expect swift confirmation of President Obama’s nominees to head the U.S. Departments of Homeland Security, Labor and Justice. And expect the Obama administration to take a far harder line than the Bush administration did against organizations that break employment-related laws.

Can you discipline workers for their raunchy Facebook postings?

01/21/2009

The Internet has created a whole new pond for employment lawyers to fish in. But you’re not powerless to your employees’ embarrassing—and potentially illegal—online activities. You can discipline employees who go over the line. Here’s a recent example, plus five tips to help you avoid legal trouble …

Know when to fold ’em: Sometimes, settling lawsuit is wisest move

01/16/2009

Even bosses who’ve been taught that one word can trigger a harassment or discrimination lawsuit can put their foot firmly in their mouths. If that’s the case and an employee starts the legal wheels in motion, it’s usually best to settle the case and move on.

Tell victims how to report future harassment

01/16/2009

Here’s how to end a co-worker sexual harassment case when your organization decides not to discharge the alleged harasser.

Beware shifting explanations for firing

01/16/2009

If you have to terminate an employee, don’t fall into a trap that can easily lead to a lawsuit. Don’t provide conflicting reasons for the termination or drop one when the employee or the EEOC asks for details.

Employees may have 3 years to sue for FMLA violations

01/16/2009

Don’t throw out those leave requests or FMLA certifications—especially if you rejected any requests—until at least three years have passed. Employees have up to three years to file an FMLA lawsuit if the alleged violation was willful—and they don’t have to go to the EEOC or a state discrimination agency first.

Pharmacists against emergency contraception to get trial

01/16/2009

On Dec. 18, the Illinois Supreme Court overturned a lower court’s dismissal of a lawsuit by two pharmacists who seek the right to refuse to dispense emergency contraception because of their religious beliefs.

Use this simple rule when interviewing: If it could be a slur, don’t say it

01/15/2009

Remind all hiring managers and supervisors that absolutely no racial slurs are allowed during an interview—not even in passing or in jest. Applicants who aren’t hired will get a jury trial if they can show that someone with hiring authority uttered a racial slur.

San Francisco officers propose age discrimination class action

01/15/2009

A group of police officers recently filed suit against the city and county of San Francisco, claiming the police department has repeatedly promoted and given raises to younger employees instead of to more experienced, older officers.

OK to let divisions set own promotion criteria

01/13/2009

Having similar-sounding titles and rates of pay  doesn’t necessarily make positions interchangeable. That’s what one employee who was turned down for a promotion in her division learned when she sued for alleged race discrimination.