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Discrimination / Harassment

Busted settlement can’t revive bias suit

12/08/2008

Sometimes employees who have agreed to accept settlements in return for dropping discrimination claims change their minds—especially if they believe the employer didn’t deliver everything it promised in the settlements. They’d rather ditch the agreements and restart the original lawsuits. They can’t.

Be prepared to explain why offenses were similar but punishments differed

12/08/2008

Employers need flexibility when it comes to disciplining employees. But flexibility can’t come at the expense of members of a protected class. Be careful before you approve different punishments for the same or very similar rule violations.

Yes to Christmas tree and no to menorah does not religious discrimination make

12/08/2008

Your company probably put up a Christmas tree to brighten the workplace during the holiday season. And it is also possible that an employee suggested it might be nice to put up other symbols of the season, such as a menorah. If you rejected that suggestion, should you worry that you’ll be ringing in the New Year with a religious discrimination lawsuit?

Small age difference may support age bias claim

12/08/2008

Employees who claim they were fired or didn’t get hired because of age discrimination don’t have to prove that the employee who was hired or retained was younger than age 40. Instead, they need only show that the other employee was at least seven years younger.

Headmaster gets nearly $1 million in retaliation case settlement

12/08/2008

Lake Ridge Academy in North Ridgeville agreed to pay $950,000 after a federal jury found that it fired James Whiteman in retaliation for expressing concerns about possible pay inequities at the private school.

In search of the elusive ‘Abercrombie look’

12/08/2008

Dulzia Burchette, a black former saleswoman for the preppy-glam Abercrombie & Fitch clothing store chain in New York City, is suing the Ohio-based retailer for racial discrimination.

What are the ground rules for records retention?

12/08/2008

Q. How long do I have to keep employees’ personnel files after their terminations?

Can we regulate breast-feeding at work?

12/08/2008

Q. Does our company have to permit new moms to nurse at work?

Warn managers: No statements even remotely suggesting bias against older workers

12/05/2008

Age bias has no place in the workplace, and managers are primarily in charge of preventing it. Warn them against making any statements that may indicate management or your organization prefers younger employees to older ones.

Comments and behavior directed at others can create hostile environment

12/05/2008

Here’s another reason to strictly enforce a zero-tolerance policy for any sexist, religious or racial comments: Even comments or behavior directed at one individual can create a hostile environment for others who belong to the same protected class.