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Discrimination / Harassment

Slurs, ‘code’ can create hostile environment

10/20/2008

Just one incident of name-calling or behavior that could be interpreted as racist—if sufficiently severe—might be enough to color other incidents in a racist light. And if a complaint leads to court, that may mean the harassed employee could get a chance to show a jury just how unpleasant co-workers made his life.

Use arbitration agreement to limit time to sue

10/20/2008

If you use a mandatory arbitration agreement, you may be able to set a relatively short deadline for employees to bring discrimination claims …

Cash-balance pension plans don’t violate ERISA rules

10/20/2008

A cash-balance pension plan is one in which the employer contributes a set amount each month on behalf of an employee. The employee eventually collects pension benefits based on the cash balance in his or her account. Some employees have claimed that such plans favor younger employees and therefore are illegal …

Justify why similar work warrants different pay

10/20/2008

If some of your employees perform similar jobs under different pay structures, make sure you can justify the differences with good, solid reasons that will stand up to a side-by-side comparison. Otherwise, one of your lower-paid workers may sue you for discrimination.

Federal contractors: Heed the government’s new test for pay discrimination

10/17/2008

If your organization benefits from federal contractors, familiarize yourself with the new “tipping point test” of the Office of Federal Contract Compliance Programs (OFCCP) …

Nix the nicknames or ‘Grandma’ will get even

10/17/2008

Every workplace has managers who love to hand out nicknames to employees and co-workers. It’s all good fun until an employee in a protected class—age, sex, race, religion, disability, etc.—takes offense …

Firing a ‘That’s not in my job description’ complainer

10/17/2008

Q. The owner of our company recently fired an employee who refused to run a business-related errand. The employee said running errands wasn’t in his job description. Can he sue us for wrongful termination? …

Connecticut becomes third state to recognize same-sex marriages

10/14/2008

By one vote, the Connecticut Supreme Court ruled that the state’s law requiring same-sex couples to enter into civil unions rather than marriages was unconstitutional. Connecticut now becomes the third state—after Massachusetts and California—to recognize same-sex marriages. Connecticut employers must now alter their employment policies and benefits to match the patchwork of federal and state laws that this decision creates.

Workers committed same offense? Be sure to document why one got harsher penalty

10/14/2008

It’s critical for HR to back up every disciplinary decision with complete records showing exactly why an employee deserved his punishment. If a fired employee broke the same rule another employee did, those records better show you punished them equally—or explain why the punishment was different …

Retain right to nix discipline that might be retaliation

10/14/2008

Employees don’t have to win their discrimination claims to charge retaliation. That’s why it’s important for HR to stay on top of any disciplinary action aimed at an employee who has already complained about discrimination …