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Discrimination / Harassment

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 …

Remind bosses: No reprisals for complaining

10/24/2008

It’s easy to understand why supervisors and managers get upset when one of their subordinates files an EEOC complaint. After all, how can you not take it personally if someone says you discriminated based on race or sex or for some other illegal reason? But the worst thing those managers and supervisors can do is punish the subordinate.

Former sheriff won’t be handing out paychecks anytime soon

10/24/2008

Ronald Hewitt, former Brunswick County sheriff, has been sentenced to 16 months in prison, ordered to pay a $10,000 fine and attend mandatory substance-abuse counseling after pleading guilty to obstructing justice in a case that was a hit parade of workplace impropriety.

New employee obviously not working out? Let hiring manager be the one who terminates

10/24/2008

Sometimes, it becomes clear early on that it was a mistake to hire that new employee. If it doesn’t look as though things will improve, it’s a good idea to let the same manager who recommended hiring the employee also be the one to fire her. That makes the termination decision much easier to defend if there’s any question about possible discrimination.

N.C. workers can cite ‘public policy’ violations in wrongful discharge cases

10/24/2008

Although North Carolina is an at-will employment state—that is, employees can be fired for any reason or no reason at all as long as it is not a reason prohibited by law—that doesn’t mean that there aren’t exceptions. One of those is the so-called “public policy” exception, which allows employees to sue for wrongful discharge if their firings violate North Carolina public policy.

Track discipline by protected characteristics

10/24/2008

Poor performers who think they have been discriminated against when fired, demoted or otherwise disciplined can still win a lawsuit—if they can show that others outside their protected class were just as lousy but didn’t receive the same discipline. Be ready to defend yourself with solid, carefully documented proof…

Beware a work environment that treats women as sex objects

10/24/2008

Not all flirting is sexual harassment, and occasional provocative talk doesn’t necessarily create a sexually hostile work environment. But watch out if things get so out of hand that a reasonable female employee would believe co-workers or supervisors see women as sex objects.