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Discrimination / Harassment

Focus on facts when promoting; avoid subjective ‘Better qualified’ justification

09/09/2008
Internal promotions are tricky. Supervisors usually try to choose between two or three known candidates—subordinates with whom they have worked with day in and day out. It’s tempting, then, to choose the employee who seems the most cooperative and the best team player. Resist that temptation …

Restaurant makes good after religious discrimination slip-up

09/09/2008
Maryam Abdi, a 16-year-old who was denied a job at an Old Country Buffet restaurant because of her Islamic headscarf, has been hired for the position she sought. Abdi applied for a part-time cashier position at the company’s Fridley restaurant in July. The manager who interviewed her reportedly asked whether she would be willing to remove her headscarf to comply with the restaurant’s uniform policy …

Taymark employees claim layoffs were discriminatory

09/09/2008
Four former employees of Taymark Inc., a subsidiary of Taylor Corp. of North Mankato, have filed lawsuits claiming they were laid off in June 2007 for unlawful reasons. They claim Taymark selected them for termination based on their gender, age and salary levels, retaining younger, less experienced workers in their stead …

Issues to consider before monitoring e-mail

09/09/2008

Q. If we suspect an employee is violating a company policy prohibiting harassment, can we monitor the employee’s e-mails? …

Use transparent promotion process to prevent lawsuits

09/08/2008
When it comes to promotions, the clearer and more transparent the selection process, the better. Employees who know exactly what it takes to be promoted—and who know how to put their hats in the ring—are less likely to suspect some form of discrimination when they aren’t selected. It’s especially important to avoid a process that’s too informal …

Investigate before disciplining harassment victim

09/08/2008

Sometimes, an HR internal investigation reveals that, although harassment occurred, it didn’t rise to the level of illegal harassment. Don’t let that finding lull you into ignoring the complaint—and certainly don’t allow anyone to punish the person who complained …

Check pay rates for employees who regularly swap work

09/08/2008
Employees who allege EPA violations must show that they receive lower pay than a comparable employee of the opposite sex. That comparable employee must perform substantially equal work in the same establishment as the employee charging discrimination. Under those terms, employees who switch workloads as needed and share supervision are probably comparable employees … 

Harassment complaint earns retaliation protection if complaint was made in good faith

09/08/2008
Many employees seem to believe that they can get job protection and immunity from reasonable discipline just by complaining to management about alleged harassment. But employees who make pests of themselves by reporting every comment they overhear or interaction they see aren’t automatically protected from retaliation …

Track discipline to ensure equal treatment for equal offenses, regardless of protected class

09/08/2008
Sometimes, it seems as if everyone belongs to some protected class, or a combination of classes. Since any disparate treatment for the same rule violation may trigger a discrimination lawsuit, HR should be prepared to show that no employee in any particular classification is singled out for more severe punishment. Given the number of possible combinations, that’s a difficult task …

Publix sexual harassment reporting policy holds up in court

09/08/2008
The Publix supermarket chain has won a partial victory in a sexual harassment case that spotlighted “nauseating” behavior by a store manager. The only bright spot for the grocer: The victim’s failure to properly report harassment means Publix may be liable only for retaliation …