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Discrimination / Harassment

Root out subtle but pervasive hostility—It’s harassment even if it’s not severe

08/12/2008
Tell your managers to take note: Allowing one or two employees to poison the workplace, even with low-level harassment, is dangerous. A constant barrage of racially tinged comments may warrant a jury trial if someone claims the workplace is a racially hostile environment. The charge: The harassment is pervasive, even if it is not severe …

Same-Sex marriage and employee benefits in Minnesota

08/12/2008
In light of the recent California Supreme Court ruling allowing same-sex marriages in that state and legislation in Massachusetts that, in effect, legalizes same-sex marriages, Minnesota employers may wonder whether they now must provide benefits to same-sex partners of employees who were married in those two states. The short answer seems to be no …

Document why new talent got higher pay than existing staff

08/11/2008
You can pay more for a new hire than you pay those who hold similar positions. Just make sure you document exactly why newcomers deserve a higher wage or more benefits. You can do that by showing the new hire has more experience, education or specialized knowledge, or that the candidate wouldn’t accept an offer unless the salary and benefits met or exceeded what he was making elsewhere …

Extra work, harsh treatment may not be reverse discrimination

08/11/2008
Resentment may run high if employees feel like they’re picking up the slack for other employees they perceive as doing less than required—especially if they believe management isn’t making others pull their fair share because of race or nationality or some other protected classification. But that doesn’t necessarily amount to reverse discrimination …

Take steps to ensure employees aren’t exposed to porn at work

08/11/2008
Perhaps because controlling Internet access to pornographic images isn’t technically difficult, and because word tends to get around pretty quickly if a co-worker is showing porn to co-workers, courts now are clamping down more on employers that don’t do enough to make sure the workplace is not a sexual cesspool …

FIU loses discrimination suit

08/11/2008
A Miami-Dade County jury ruled that Florida International University (FIU) discriminated against Sean St. Louis when it fired him in 2004. If the verdict stands, an already cash-strapped FIU will have to pay $2.5 million to St. Louis …

$46.7 million for manager who blew the whistle on age discrimination

08/11/2008
In the midst of a merger that would make it the second-largest waste collection company in the country, Republic Services Inc., based in Fort Lauderdale, has been ordered to pay $46.7 million for wrongfully firing an employee and doctoring company records to justify its actions …

Court rules employers must provide harassment-Free workplace

08/11/2008
Earlier this year, a federal jury in Florida awarded $630,000 to 14 female prison employees who alleged that the state Department of Corrections created a hostile work environment by failing to prevent lewd behavior by male inmates. The court made it very clear that employers must ensure all employees have a harassment-free workplace, regardless of who the harasser is …

Act fast to investigate, correct hostile work environment signs

08/08/2008
It’s not unusual to read about racially motivated incidents that occur at work. Slurs, graffiti and other acts of intimidation can lead to hostile environment lawsuits. By the time the graffiti shows up or the slurs are uttered, some of the damage has already been done. However, smart employers react immediately and try to limit the damage …

Remind managers: No comments on workers hiring lawyers

08/08/2008
It’s tempting for managers to lash out at litigious employees—especially if they think the suit has no merit. Remind them to keep quiet.