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Discrimination / Harassment

When janitor was caught reading, IUPUI leaped, then looked

08/26/2008
Last fall, two black employees of Indiana University-Purdue University Indianapolis (IUPUI) objected when they spotted janitor Keith Sampson reading Notre Dame vs. the Klan: How the Fighting Irish Defeated the Ku Klux Klan in a campus break room. The cover of the book features white-robed Klansmen and burning crosses …

Employee showed up tattooed and pierced: Can we now implement a dress code?

08/26/2008
Q. We are a small “mom and pop” restaurant that promotes a family atmosphere. Recently, one of our waitresses got a tattoo on her forearm and an eyebrow piercing. We do not have a formal dress code, but generally we do not want our employees to display tattoos, and we prefer limiting visible piercings to two in each ear. Because we think the waitress’s appearance is inappropriate for our restaurant, we are considering implementing this policy through a written dress code that we will distribute to all employees. Is our planned dress code legal? …

Weigh downsides before requiring arbitration agreements

08/25/2008
It sounds like a great idea: Instead of risking a large jury award in court, get employees to agree in advance to have an arbitrator mediate all employment disputes. But, in practice, arbitrators often bend over backward to give employees a break. Plus, an arbitrator’s decision is hard to undo …

Discrimination irrelevant if basic qualification is missing

08/25/2008
It may sound logical and reasonable, but it took a federal appeals court to decide it once and for all: An individual can’t sue for discrimination and win when it’s crystal clear he lacks an essential job requirement and therefore isn’t qualified for the job …

If employees become disabled, consider them for other jobs

08/25/2008
Employees who become disabled and can no longer perform the essential functions of their jobs, even with accommodations, can be discharged. The New Jersey Law Against Discrimination (NJLAD) does not protect employees under these circumstances. But the law does prohibit discriminating against such individuals who want to apply for other open positions …

Editor tries to stop presses on alleged retaliation

08/25/2008
Silvina Barboza served as editor of Latinos Unidos, a Spanish language newspaper owned by Greater Media Newspapers (GMN) in Freehold. Early in 2005, Barboza was diagnosed with obesity and scheduled for gastric bypass surgery in December. When management learned of her plans, GMN terminated her …

State troopers charge ‘Arbitrary, antiquated’ processes are biased

08/25/2008
Twenty-three black and Hispanic state troopers are suing the New Jersey State Police, alleging bias in promotions, training, special assignments and discipline. The lawsuit claims the department’s promotion system is “an arbitrary, antiquated and subjective process that is skewed in favor of male Caucasians.”

Employees win right to sue for employer post-Employment conduct

08/25/2008
Employers that think their liability ends when a terminated employee walks out the door better think again. A recent New Jersey case expanded employees’ rights to sue employers for post-termination nonemployment-related conduct. In the wake of the decision, courts may construe common employer acts as retaliation …

Tell bosses: Don’t voice anger about discrimination complaint

08/22/2008
Want to create an instant retaliation claim after an employee says she lost out on a promotion because of discrimination? Just let a supervisor or manager react angrily to the accusation. It’s dangerous for managers to make any negative comments in the wake of what an employee says was discrimination. Bosses must learn to hold their tongues …

Lower retirement pay doesn’t excuse late discrimination filing

08/22/2008
Employees who believe they have suffered pay discrimination have to move fast to file their claims. They can’t wait, for example, until after they retire and only then claim their retirement benefits are lower than they should be because they were discriminated against …