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Discrimination / Harassment

Crying wolf? 4 steps for handling serial complainers

10/28/2008

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? …

Both love and justice are blind: Consider banning boss/employee relationships

10/28/2008

Does your handbook and employment policy specify that supervisors and subordinates shouldn’t develop personal, romantic or sexual relationships? If not, consider adding such a provision. It can go a long way to avoiding potential lawsuits when those relationships go bad.

Employee does not have to specify race to invoke protection

10/28/2008

Bernard Pettis, who is black, worked for R.R. Donnelley as a materials handler, loading skids for press operator Tim Cain. Whenever Cain, who is white, helped Pettis seal the skids, he would smash Pettis’ hands under the top board, then laugh and tell co-workers, “I got his hands,” or “Ooh, look at him.”

Warn bosses: Don’t exclude from ‘inner circle’

10/27/2008

Train all bosses to avoid even the appearance of favoritism. Explain that excluding anyone from an “inner circle” may trigger a lawsuit, especially if those on the “in” list are largely members of the same protected classification as the supervisor or manager. Something as simple as speaking a common foreign language with select subordinates can trigger a lawsuit …

Rutgers poli-sci department is old school, women claim

10/27/2008

Five female faculty members at Rutgers University in New Brunswick have filed a complaint with the state Attorney General’s Office, alleging bias in pay and decision-making in the Political Science Department.

Just taking leave doesn’t mean employee is disabled

10/27/2008

Employees ask for and take medical leave for all sorts of reasons. That doesn’t mean their employers know when an employee is disabled. But that doesn’t stop some employees from trying to use their leave as evidence in a discrimination lawsuit …

Isolated comment not enough to prove age discrimination

10/27/2008

Do you worry that one ill-chosen comment could lead to a huge lawsuit? Don’t lose too much sleep unless the comment was grossly inappropriate …

CAIR reports increase in religious discrimination complaints

10/27/2008

The Council on American-Islamic Relations (CAIR) reports that bias complaints by Muslim workers increased by 18% in 2007, reaching a record 452 cases. Complaints by Muslim job applicants also rose by 34%.

N.J. Supreme Court sets rules for proving religious discrimination

10/27/2008

The New Jersey Supreme Court has ruled for the first time on the proof employees must offer to make a religion-based hostile work environment claim stick. The case, Cutler v. Dorn, established that New Jersey courts must decide workplace religious discrimination claims using the same legal standards they use in racial and gender discrimination claims.

Discipline only after documenting work slippage

10/24/2008

Sometimes, it takes a new manager or supervisor to see how poorly an employee is performing. If an employee who has been getting good reviews suddenly appears to slump under new leadership, don’t jump the gun and discipline the employee right away. Here’s a better approach …