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Discrimination / Harassment

Critical evaluation isn’t an adverse employment action

10/01/2008

Employees who claim they have been discriminated against because of a protected characteristic such as age or disability have to show that they suffered an adverse employment action. They can’t simply point to a poor performance evaluation.

Doctor charged, sued for alleged hidden bathroom camera

10/01/2008

Five women are suing Dr. Vincent Pacienza, claiming the Long Island cardiologist used a camera hidden inside an air freshener to spy on them when they used the office bathroom …

Hempstead Township faces sexual harassment suit

10/01/2008

Two former employees of the Hempstead Sanitation Department have filed a sexual harassment and race discrimination lawsuit claiming their supervisor, Frank Pepe, offered perks and gifts in exchange for sexual favors …

Maybe a rubber band would be better than a giant hat after all

10/01/2008

The EEOC has sued the Grand Central Partnership—the business-improvement district association for Midtown Manhattan—claiming it refused to accommodate four security guards who wear dreadlocks as required by their Rastafarian religious beliefs …

Act fast, train when sexual harassment complaints arise

09/26/2008

It takes more than a written policy to avoid liability for sexual harassment. But if you back up your policy with regular training and reminders and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action …

Lawsuit brewing? Think twice before destroying documents

09/26/2008

When discrimination charges go to court, both sides are entitled to copies of all relevant evidence. That includes memos, notes and e-mail (with some exceptions for confidential, trade secret or attorney-client privileged communications). Don’t think you’ll be able to avoid liability by getting rid of some documents …

Good news: EEPA does not include retaliation claims

09/26/2008

North Carolina employers have one less thing to worry about: A federal trial court recently decided the North Carolina Equal Employment Practices Act (EEPA) does not allow employees to file separate retaliation claims on top of initial discrimination complaints …

Take steps to stop pervasive anti-female attitudes, practices

09/24/2008

When you think of a sexually hostile work environment, the scenario usually involves crude sex talk, bawdy photos and other prurient activities. But those aren’t the only markers of a hostile environment. In fact, a pervasive anti-female attitude that has nothing to do with sex can lead to a lawsuit, too …

Ban obviously racist comments, or prepare to face EEOC discrimination lawsuit

09/24/2008

Some talk doesn’t belong at work. Period. If you don’t ban racist comments, you’ll probably face an EEOC lawsuit …

Lukewarm response to racism leads to walkout

09/24/2008

Eighteen workers filed a complaint with the Pennsylvania Human Relations Commission (PHRC) against retail hardware supplier Crown Bolt in August to protest racist graffiti in the Carlisle warehouse where they worked …