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Discrimination / Harassment

Follow promotion rules to stop unexpected suits

10/10/2008

HR can never know for sure exactly what’s going on in other parts of the organization. That means it’s easy to be blindsided by a sudden lawsuit. For example, co-workers sometimes spread unfounded rumors about who is up for promotion and who will be bypassed. Such gossip may give some employees an excuse to find a reason to sue …

Obesity discrimination is common — and against the law

10/10/2008

A recent study by Michigan State University and Hope College found that employers perceive overweight workers as lazier, more emotionally unstable and harder to get along with than their “normal weight” counterparts.

Use blind résumé review for bias-free hiring, promotions

10/10/2008

Michigan’s Elliott-Larsen Civil Rights Act makes it unlawful to refuse to hire or recruit someone because of “religion, race, color, national origin, age, sex, height, weight or marital status.” But applicants sometimes provide that information on their résumés. Have someone take those résumés and black out any information that hints at any of those protected categories.

Supreme Court to decide three employment law cases in ’08-’09 session

10/08/2008

The U.S. Supreme Court opens its 2008-2009 session with three employment law cases on its docket. Last session, the court expanded employees’ rights to claim retaliation under federal anti-discrimination law. This year, one Supreme Court case deals with retaliation, while two others address discrimination.

Investigate, follow up on all harassment cases

10/08/2008

Employees who complain about sexual or other kinds of harassment shouldn’t be left to wonder whether their complaints are being investigated. Employers should apply sound investigation procedures and then follow up with the employee who came forward to let her know the result. That’s true even if the company isn’t going to take any action …

No kid gloves needed: Discipline OK after employee complains

10/08/2008

Employees who complain about harassment or discrimination often mistakenly believe they are automatically protected from discipline. They’ve heard employers can’t “retaliate” against them for complaining. That’s true to a point. But that doesn’t mean that those employees get automatic immunity from any pre-existing workplace performance or behavior problems …

Be ready to explain if HR files include photos

10/08/2008

Sometimes, it seems employees and their lawyers can take even the most innocent event or evidence and find a way to twist it into a discrimination case. That’s why it’s important for employers to have solid reasons for all decisions. You never know when someone is going to second-guess you …

Retaliation can happen even in flimsy harassment case

10/08/2008

Employees don’t have to win their sexual harassment claims to prove retaliation. They merely have to show they were concerned that they might have experienced harassment …

New state genetic discrimination law exceeds federal measure

10/08/2008

Gov. Rod Blagojevich recently signed an update to the state’s decade-old genetic nondiscrimination law, which prohibits employers from using genetic information against employees. In some situations, the state law exceeds the protections granted under the federal Genetic Information Nondiscrimination Act (GINA) enacted this spring …

Don’t fall into post-complaint retaliation trap

10/07/2008

Employees who file discrimination complaints are protected from retaliation. That doesn’t mean they’re immune from being punished if they break rules. Employers can and should take appropriate disciplinary action against them. The key is a careful and deliberate approach, devoid of emotion …