• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

What should we do if an employee refuses to cooperate during an investigation?

11/07/2008

Q. We are investigating a sexual harassment complaint. One of the employees accused of wrongdoing refuses to be interviewed without his lawyer. I know the attorney has no right to be there, but what are my options?

Suspend employee who makes veiled threats

11/06/2008

Could a stressed-out employee who makes veiled threats be a danger to himself or others? It’s the kind of quandary that keeps HR pros awake at night. And because the stakes are potentially high, it’s hard to know what to do. The most prudent course of action: Suspend the employee until you can sort matters out.

‘Cold shoulder’ doesn’t add up to retaliation

11/06/2008

An employee who can’t prove she actually suffered discrimination can still win a retaliation lawsuit—if she can show that her employer retaliated against her for complaining about alleged discrimination. That doesn’t mean, however, that anything negative that happens to the employee adds up to retaliation.

 

Employment law in the Obama administration: What to expect

11/06/2008

With a Democratic-controlled Congress, President-elect Barack Obama will likely push for these employment law priorities …

Tell bosses: Accept settlement without comment

11/06/2008

Sometimes, it makes sense to settle an EEOC complaint rather than risk a lawsuit and all the costs that go along with litigation. Of course, that settlement probably will come out of some department’s budget. Warn the department manager to take the hit with grace and resist the temptation to show anger or resentment.

No EEOC filing means no lawsuit, right? Not always

11/06/2008

Employees making Title VII discrimination claims must file their complaints with the EEOC before filing a federal lawsuit … most of the time, but not always.

Multiple reasons for firing? You may want to list them all

11/06/2008

If you decide to terminate an employee who simply won’t follow instructions and is the source of constant trouble, go ahead and provide a laundry list of reasons. As long as the reasons are legitimate, the list will help set him apart from others who may not have been fired for breaking the rules.

Constructive discharge a tough sell after you ask to be fired

11/06/2008

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Hostile e-mail was grounds for firing, federal court finds

11/06/2008

Pamela Stoney worked as a sales manager for Atlanta-based Cingular Wireless (subsequently AT&T) in Colorado. After the company fired her for insubordination, Stoney filed a complaint with the Colorado Civil Rights Division, claiming age and gender discrimination and retaliation …

New ADA amendments law expands employee disability rights

11/06/2008

Effective Jan. 1, 2009, employers with 15 or more employees have a new set of ADA rules to contend with. President Bush signed off on a law significantly amending the ADA in September, greatly changing how employers must handle disabled applicants and employees.