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Discrimination / Harassment

Is it permissible to ask women about gaps in their employment histories?

09/23/2008

Q. Can we ask female applicants about lengthy gaps in their employment histories? I’m afraid that doing so might make it look as though we are digging into personal or family issues that could lead to a claim of gender bias …

Was worker claiming harassment part of the problem?

09/22/2008

Employers are supposed to make sure that harassment doesn’t happen—and stop it if it does. But sometimes, the employee complaining the loudest may actually be part of the problem. If that’s the case, the responsible thing to do is to stop all the harassment, from all the participants …

Take fast action to investigate apparent rogue supervisor

09/19/2008

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit …

If process was fair, don’t second-guess your hiring decision

09/19/2008

Hiring decisions are tough, especially when you add the worry over whether rejected applicants may think you discriminated against them. But as long as you don’t actively conceal critical facts about whom you hired, rejected applicants have to move fast to sue …

Set clear job requirements to stop bias claims

09/19/2008

Employees who claim they were wrongly denied a promotion for some discriminatory reason (for example, based on race, age or some other protected characteristic) have the initial burden of proving they were qualified for the position they sought. The best protection employers have against such claims: clear, concise and accurate minimum job requirements …

Best Buy settles age bias suit claiming it favors younger workers

09/19/2008

Best Buy recently agreed to settle an age discrimination lawsuit with the EEOC that accused the company of failing to hire a 68-year-old applicant because of his age. Under the terms of the agreement, Best Buy will pay $17,500 to Reinhold Schouweiler on whose behalf the EEOC filed suit in 2007 …

Video résumés failing to catch on: Ahead of their time, or too hot to handle?

09/18/2008

Despite much discussion about their pros, cons and legal implications, video résumés aren’t yet catching fire with employers or employees. CareerBuilder recently discontinued its video résumé service. Recruiters have shown little demand for them …

‘That head scarf thing’: Insensitive comments spark legal fire

09/18/2008

You’ve hired people of all races and religions, including a woman who wears a head scarf (hijab). But what do you say when that woman seeks a promotion to a more visible position? A few unwise words coupled with foot-dragging on the promotion and you’ll be wrapping your head around a religious discrimination lawsuit …

The HR I.Q. Test: October ’08

09/18/2008

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Can we give higher pay to employee with degree?

09/18/2008

Q. Is it illegal to pay someone without a degree less than someone with the degree? In our case, two employees have the same title but do slightly different tasks. One has a bachelor’s in HR and the other does not. However, the one without a degree is doing all the HR duties and gets paid less than the one with a degree. The degreed employee doesn’t use her HR skills in her job at all.