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Discrimination / Harassment

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 …

Phone propositions yield no sex — and a lost job

10/14/2008

Michael Silvey, property management coordinator for the Department of Public Works in Hernando County, was fired for phoning and asking for sex from two women he formerly worked with at the Southwest Florida Water Management District …

NLRB says NSU bullied janitors

10/14/2008

The National Labor Relations Board (NLRB) has issued a complaint against Nova Southeastern University (NSU), claiming the university coerced and threatened cleaning workers who tried to join the Service Employees International Union …

Firing OK if employee falsely claims harassment

10/14/2008

Not every sexual harassment complaint is legitimate. A thorough investigation may wind up showing that one of the parties is lying. Can you fire the presumed liar if he or she brought the complaint in the first place? The answer is a qualified “yes” …

FMLA: Distinguish between disability and behavior

10/14/2008

Alcoholism can be a disabling medical condition that qualifies an employee to go on FMLA leave to undergo substance abuse treatment. But the same isn’t necessarily true for a drinking binge that lands an employee in the hospital …

Whine not? Tell chronic complainer to just move on when latest allegation proves false

10/14/2008

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? …

Document why termination was justified when employee can’t handle promotion duties

10/14/2008

Sometimes, employees who do great at one job lay an egg when promoted up the org chart. When that happens, and you find you have to terminate the employee, be sure to document exactly what went wrong. Otherwise, the employee may sue, claiming some sort of discrimination …

EEOC sues Mesaba Airlines over Sabbath rules

10/14/2008

The EEOC has filed a lawsuit on behalf of Laura Vallejos, a former customer service agent for Northwest Airlines’ subsidiary, Mesaba Airlines, based in Eagan. She claims she was fired for refusing to work past sundown on Fridays, the beginning of the Jewish Sabbath …

Macy’s resolves English-only incident at Edina store

10/14/2008

Macy’s has rescinded a manager’s ad hoc English-only rule after six employees at the company’s Southdale Mall store in Edina complained to the Council on American-Islamic Relations (CAIR) of Minnesota. The workers said a manager allegedly threatened to fire them if they spoke “even one word” of Somali on the job …