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Discrimination / Harassment

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.

Muslim man claims bias at Dearborn Wal-Mart

01/09/2009

Louay Kezy, a former stockroom clerk at a Wal-Mart store in Dearborn, has filed a $12 million lawsuit claiming he was harassed and fired because of his Arab and Muslim heritage. Kezy, who worked at the store from March to August 2008, claims that co-workers made terrorist jokes and hostile remarks such as “We hate you all” …

State Supreme Court upholds reverse discrimination verdict

01/09/2009

The Michigan Supreme Court upheld a jury verdict in favor of Kenneth Sciotti, a Detroit municipal employee who claimed he was denied promotions because he is white.

Kalamazoo outlaws sexual orientation discrimination

01/09/2009

The Kalamazoo City Commission in December enacted a law prohibiting discrimination based on sexual orientation. The measure mirrors ordinances enacted in at least 15 Michigan cities, including Ann Arbor, Ferndale and Grand Rapids.

Feds file harassment suit against Muskegon County

01/09/2009

Muskegon County faces a U.S. Department of Justice (DOJ) lawsuit claiming the county failed to respond to sexual harassment complaints dating back nine years. In 2000, Eva Amaya, a former computer analyst for the 60th District Court, complained about inappropriate touching by co-worker Eugene Beene …

No anguish needed to show hostile environment

01/09/2009

Some employers assume that for a hostile environment claim to have merit, the victim must practically have a nervous breakdown. Not so. A strong-willed employee may be able to tolerate a barrage of abuse in good spirits, but may still have a hostile work environment claim.

$1.3 million discrimination judgment against Spitzer senior

01/09/2009

A Bronx jury has ordered Bernard Spitzer, father of former Gov. Eliot Spitzer, to pay more than $1.3 million to four former employees to settle racial discrimination charges.

Employee requests transfer? Get it in writing to avoid later false claims

01/09/2009

Sometimes, employees with disabilities don’t choose to let their employers know. If such an employee needs an accommodation such as a transfer to a less stressful position, she may make the request but never explain why. Then, when she is turned down, she may sue and allege she said she needed the transfer because of her disability.

When applicant has more experience, be prepared to justify hiring someone else

01/09/2009

You don’t always have to promote the best educated or most experienced employee—but you must at least have a good explanation why you chose another candidate.