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Discrimination / Harassment

Retail chain will pay $255,000 for racial harassment

12/05/2008

National Wholesale Liquidators will pay nine South Asian employees $255,000 for subjecting them to a hostile work environment based on their race, national origin and religion, as well as sexual harassment.

Help managers understand the Age Discrimination in Employment Act

12/05/2008

At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties …

U.S. Supreme Court: 4 key employment cases could reshape HR

12/05/2008

During this term, the U.S. Supreme Court will consider employment cases concerning arbitration, pregnancy discrimination, protected activity and union fee use.

Bias charge threatened? Beware retaliation

12/04/2008

Employees are protected from retaliation for filing discrimination claims such as a complaint with the EEOC or the DOL. That protection starts as soon as the employee lets someone in authority at the company know he’s going to contact the agency.

Document absences, and excuses, too

12/04/2008

One of the best ways to win lawsuits at the earliest stages is to have ready a treasure trove of documents showing your decision about an employee was fair, impartial and reasonable. For example, for employees with absenteeism problems, document every absence.

Think lawsuit won’t materialize? Test theory on calendar

12/04/2008

If the EEOC decides not to pursue an employee’s discrimination case itself, it will issue a “Right to sue” letter. Employees then have up to 90 days to file a federal lawsuit. But before you dance a little jig on the 90th day, consider this …

Cautionary tale: Video cameras provide powerful evidence

12/04/2008

Here’s a cautionary tale you can tell employees when explaining they should never touch a fellow employee. With video surveillance cameras everywhere, such incidents may be caught on tape, and the employee doing the touching may have an innocent explanation that just won’t be heard over what seems to be happening on camera.

Durham cops under investigation for slurring Obama

12/04/2008

Two Durham police officers are being investigated for allegedly posting racially charged comments about President-elect Barack Obama on their MySpace web pages in the days following the election.

Track attitude if it’s a performance criterion

12/04/2008

Before you use attitude as one of the reasons for rewarding one employee over another, consider how you will defend that decision if another employee thinks it was based on discrimination. Here’s how to use attitude as a decision factor.

Your rules can protect against retaliation—make sure managers follow them

12/04/2008

When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.