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Discrimination / Harassment

Promote civility, but watch for discrimination

01/05/2009

How much effort should the HR office put into getting everyone to get along? The best approach is to let employees handle most social conflicts among themselves—as long as there are no overt signs of discrimination.

Don’t mess with the maestro

01/05/2009

Donald Rosenberg is suing The Plain Dealer, claiming he was fired from his beat as classical music critic because he frequently panned the Cleveland Orchestra’s conductor, Franz Welser-Möst.

UT HR official fights for job after newspaper op-ed furor

01/05/2009

Crystal Dixon, former associate vice president of HR at the University of Toledo (UT), has filed a federal lawsuit challenging her termination for writing a newspaper column that conflicted with the university’s values. In April 2008, Dixon wrote an opinion piece defending limits on domestic-partner benefits …

Cincinnati’s Kroger chain to pay $485,000 for sexual harassment

01/05/2009

Fred Meyer Stores in Portland, Ore., owned by Cincinnati-based Kroger Co., agreed to pay $485,000 to settle a sexual harassment lawsuit filed by three women who worked in a store in Oregon City.

Attendance policies: Control absenteeism without breaking the law

01/05/2009

Regular attendance is a key job function for most of your employees. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA …

Federal employees must act fast to file claims of alleged discrimination

01/05/2009

Federal employees have to file discrimination claims as soon as they suspect they have been subjected to some form of discrimination. They can’t wait until they have figured out who, what, when, where and why they didn’t get a job or promotion.

Without ‘ultimate employment action,’ it’s hard to make discrimination claims stick

01/05/2009

Employees who think they are victims of some form of discrimination must show they were treated differently in some important way because of their race or other protected characteristic. But minor annoyances—such as heavier workloads—are not usually considered discrimination.

Hang tough when there’s absolutely no discrimination

01/05/2009

Sometimes, you have to trust that your lawyer and the courts will do the right thing and toss out a clearly frivolous case. As long as you are sure that you have solid reasons for firing an employee who wasn’t doing her job—and that you didn’t treat her any differently than any other employee with the same track record—fire her.

Title VII doesn’t cover retaliation for OSHA complaints

01/05/2009

The 5th Circuit Court of Appeals has rejected an invitation to expand the number of cases that fall under Title VII’s retaliation provision. It recently ruled that someone who reports an OSHA violation couldn’t charge that he or she was retaliated against by filing a Title VII retaliation lawsuit.

Settlement leaves weight loss firm $20 million lighter

01/05/2009

LA Weight Loss, which was renamed Pure Weight Loss in 2007, has settled a lawsuit filed against it by the EEOC. The agency had alleged a nationwide pattern and practice of sex discrimination at locations across the country …