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Discrimination / Harassment

EEOC sues Burnsville firm over discrimination at call center

11/12/2008

The EEOC has filed a lawsuit against Burnsville-based Data Listing Services (DLS), claiming the company harbored a hostile work environment in one of its call centers. The lawsuit alleges that a worker at The Connection, a DLS call center in Moriarty, N.M., sexually harassed female workers …

Give all employees a shot at advancement

11/12/2008

If some of your managers and supervisors steer career and business opportunities to favored subordinates and keep others from finding out about them, watch out. If those missed opportunities wind up depriving employees of potential financial rewards, that could lead to discrimination lawsuits.

Document rationale for rejecting every job applicant—and stick with it

11/12/2008

Before you reject a candidate who appears to meet the basic requirements for an open position, make sure you can explain your decision. Then document your rationale in case he or she later claims the real reason for the rejection was some form of discrimination.

OK to reject applicant who volunteers that disability can’t be accommodated

11/12/2008

If an applicant discloses a disability and says she can’t perform the job’s essential functions even with an accommodation, you can turn her down. You don’t have to second-guess her assessment and look for a reasonable accommodation.

Sometimes a personality conflict is nothing more

11/12/2008

Some supervisors like some subordinates more than others. As long as any personality conflict isn’t based on some protected characteristic such as age, race or sex, there is no need to worry that treating some employees more harshly than others will result in a winning lawsuit for the employee.

CAIR reports rise in religious discrimination complaints

11/12/2008

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%.

Our applicant turns out to be a transgender—can we revoke the job offer?

11/12/2008

Q. Our company has just made a job offer to a highly qualified man to work in our company’s IT department. During the final stages of our interviewing process, the candidate told us that “she” is transgendered —that she would be transitioning from male to female. We believe employing a transgender employee could be very disruptive and cause a morale problem in the company. Can we rescind the offer based on the candidate’s transgender status?

New president, new Congress: 5 new employment laws could reshape HR

11/11/2008

When Barack Obama takes office in January, get ready for the most sweeping employment-law changes the HR world has seen in years. Attorney Mike Fox walks you through the legislation likely to reshape HR, possibly even in the first 100 days of the Obama administration. Here’s how to prepare.

Cutting senior staff to save salary costs? Check impact on older workers

11/10/2008

One way to reduce your labor budget is to terminate staff members who are paid the most and replace them with employees who earn less. But be careful before you implement a layoff based on seniority.

Kroger Company accused of race discrimination

11/10/2008

Luther Spears worked for the Kroger Company for 24 years. He repeatedly applied for management positions in the produce department, but was never promoted. Meanwhile, Spears, who is black, trained younger white employees who were promoted over him. Spears finally filed a complaint with the EEOC …