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Discrimination / Harassment

You don’t have to pay all managers equally unless jobs are substantially similar

08/08/2008
Competing demands for talent mean some professional positions warrant higher paychecks than others. As the following case shows, the Equal Pay Act (EPA) doesn’t require all positions on the same line of the organizational chart to be paid the same …

Tab tops $60,000 in firing of pregnant bartender

08/08/2008
In November 2004, members of the board of Maracci Temple 13 in Detroit called Eronda Garner into a meeting. Garner, a part-time bartender for the Grenadier Lounge, which the temple runs, was pregnant. The board told her she was being let go because it feared tending bar was unsafe for a pregnant woman …

Suit claims Muslim employees were told to hold the hijab

08/08/2008
Two Muslim women are suing McDonald’s restaurants, claiming they were denied jobs at a restaurant in Dearborn because they wore Islamic head scarves, or hijabs …

Employee ‘Family & friends’ can now bring EEOC retaliation claims

08/08/2008
Earlier this year, the U. S. 6th Circuit Court of Appeals, whose decisions apply to Michigan employers, expanded the coverage of Title VII of the Civil Rights Act of 1964’s anti-retaliation provision when it held that the fiancé of an employee who made a complaint to the EEOC could bring a retaliation action when he was discharged by the employer …

‘You Won’t Work Sundays?!’ EEOC Offers Guidance on Religious Accommodations

08/06/2008
The EEOC recently released guidance to help employers avoid religious discrimination charges. Distilled from the law, regulations and court decisions, the guidance offers both a list of frequently asked questions about religious discrimination and accommodation and a list of best practices. You can download free copies of each here.

Backup firing rationale to beat discrimination claims

08/06/2008
Smart employers don’t leave anything to chance when it’s time to fire someone—especially when the employee facing termination thinks he might have a discrimination claim. Instead of taking a chance that something said during the termination meeting will be misinterpreted, they make sure the meeting includes at least two company representatives …

Stray comments alone won’t prove religious discrimination

08/06/2008
Employees, aided by new EEOC guidance on religious accommodations, are feeling freer to ask for time off to participate in religious worship. The EEOC guidance makes it clear that employees must make the first move to work toward an accommodation since Title VII bars employers from asking about an applicant/employee’s religion …

Caution! Micromanagers may be lightning rods for lawsuits

08/06/2008
Some supervisors who micromanage tend to focus on one or two troublesome employees. If those employees belong to a protected class, watch out! Here’s how such cases wind up in court …

Remind managers and supervisors: We welcome complaints!

08/06/2008
The best way to avoid employment discrimination lawsuits: Make sure managers encourage employees to come forward with their concerns and complaints. Doing so shows that the company takes discrimination seriously, allows it to fix genuine problems fast and cuts the risk of a lawsuit down the line …

Employees fighting? Punish everyone equitably—or be prepared to explain why not

08/06/2008
If a fight breaks out at work, make sure you punish everyone involved in the incident according to his or her level of involvement. Don’t terminate one employee and suspend the other unless you have a very good reason for the different treatment …