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Discrimination / Harassment

Woodmere Village settles reverse discrimination suit

09/05/2008

Woodmere Village in northeastern Ohio has settled an EEOC lawsuit with two police officers who claimed they were fired because they are white …

How long must we retain records?

09/05/2008
Q. How long should I keep employment-related records, such as wage information and personnel files? …

Stable job history is a legitimate hiring criterion

09/05/2008

It’s OK to favor applicants who’ve proven they can stick with a job for a while. That’s not discrimination, as a recent court ruling shows. The key: Allow employees to explain job gaps …

Keep news of discrimination claim quiet to prevent retaliation

09/03/2008

When employees file discrimination charges, they often worry that they will somehow suffer retaliation. In fact, their attorneys frequently remind them that retaliation is illegal and that they should be on the lookout for it. Tacking retaliation charges onto discrimination claims is big business for lawyers. That’s why it’s critical for managers to understand they simply cannot retaliate …

Enforce discrimination rules to avoid NYC’s sky-high penalties

09/03/2008

New York City employers, beware: The sky may be the limit for discrimination damage awards. Federal law limits punitive damage awards in Title VII discrimination lawsuits to no more than $300,000 for large employers. New York state law doesn’t allow them at all. But the New York City Administrative Code discrimination provisions allow juries to award unlimited punitive damages …

Don’t tell supervisors to expect subordinate bigotry

09/03/2008

Here’s a way to create management problems and encourage potential lawsuits: Just tell minority managers and supervisors that they can expect their subordinates to harass them and ignore directives because of prejudice in the ranks.  The correct approach: Have a solid anti-harassment policy in place and enforce it …

Supreme Court’s tight Ledbetter filing deadline begins to slip

09/03/2008

When the U.S. Supreme Court decided the Lilly Ledbetter case in 2007, employers were thrilled. The court ruled that employees have to move fast after being denied a promotion or experiencing some other allegedly discriminatory act. Otherwise, they lose the right to sue for sex discrimination. But now, that tight deadline is beginning to slip as federal trial courts look for ways to give employees their day in court …

Document deficiencies, don’t fret over false accusations

09/03/2008

Some employees—confronted with their own shortcomings—insist on deflecting blame. Perhaps they try to argue that so-and-so—who doesn’t belong to the same protected class—always gets away with the same poor work and conduct that they’re being criticized for. If you truly believe there is no merit to such an employee’s allegations, you probably don’t need to sweat it …

Manager’s racist comment may seal the deal on hostile environment

09/03/2008

If you don’t punish it right away, even a single racist comment by a manager can result in an employee filing a racially hostile environment claim. Here’s why: If the employee on the receiving end is also being dealt with harshly by her boss, she can effectively link the comment with the other poor treatment …

Employers under court order can’t count on courts to bypass special master

09/03/2008

If your organization is operating under a strict federal court order to correct past discrimination, be aware of this reality: The federally appointed special master has vast power to decide whether discrimination is still occurring and to fix it. It’s unlikely you will be able to move a current case directly into federal court for a quick dismissal. Your best bet is to develop a close working relationship with the special master …