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Discrimination / Harassment

Should you make copies of employees’ I-9 documentation?

12/01/2008

Federal law says employers are allowed, but not required, to make copies of the drivers’ licenses and other documents that their employees show for I-9 purposes. But is it legally wise to make those copies? Attorneys are split on the issue. Here’s our analysis, plus answers to six common I-9 questions …

‘Big Five’ talent agency settles age-bias suit for $4.5 million

11/25/2008

A class of television writers reached a $4.5 million settlement in an age discrimination lawsuit it brought against International Creative Management (ICM), one of Hollywood’s “Big Five” talent agencies.

Clarify contract status by separating arbitration clause from job application

11/25/2008

If, like many employers, you include an arbitration clause in your employment applications, take note of a recent California Court of Appeal case.

Workers who pursue internal discrimination grievances have extra time to sue

11/25/2008

The California Fair Employment and Housing Act requires employees to file complaints with the appropriate state agency within one year of an alleged discriminatory act. But what happens if the employee delays going to the agency and instead tries to resolve the complaint using the employer’s own internal process?

$33 million Smith Barney sex-bias settlement approved

11/25/2008

A federal district court judge recently approved a $33 million settlement reached between Citigroup and female financial advisors in its Smith Barney unit.

How can we make the season bright—without exposing ourselves to legal liability?

11/25/2008

Q. Our employees have proposed that the company sponsor a holiday party at a local restaurant. Although we want our employees to have a good time, aren’t we exposing ourselves to potential liability?

What should we do? An employee says one of our clients harassed her

11/25/2008

Q. An employee recently complained that one of our clients sexually harassed her. May we be held liable for the client’s action?

Don’t fear conflicting reviews show discrimination

11/25/2008

Sometimes, employees work with several supervisors, all of whom provide input on that employee’s performance. But courts generally won’t view differing evaluations by more than one supervisor as evidence of discrimination

Tell bosses: Absolutely no comments on ethnicity

11/25/2008

Here’s another good reason to tell all managers you’ll tolerate absolutely no ethnic, religious or racial comments: Just one or two comments followed by an adverse employment action may be enough to establish a hostile work environment. And those later acts can extend the time the employee has to file his claim.

Say no to accommodations if ‘disability’ barely scratches the surface of credibility

11/25/2008

Employees have the strangest ideas about what constitutes a disability and whether they are entitled to a reasonable accommodation. For example, many people have minor phobias—let’s say a fear of spiders. That doesn’t mean employers have to provide a spider-free workplace.