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Discrimination / Harassment

New administration doesn’t signal open season for retaliation complaints

08/13/2008
Public employers can’t discriminate against applicants because they decide to speak out on matters of political importance. That would violate the First Amendment. And that protection includes the right to membership in a political party. But not every case that carries a slight whiff of politics winds up creating a big legal stink …

Why are gas prices so high? BP suit may provide partial answer

08/13/2008
A woman who once earned millions each year as an oil trader for BP America has filed a sex discrimination lawsuit against the company. Alison Myers alleges BP gave a prime piece of business to a less experienced male trader and ultimately fired her when she complained …

Make sure fitness tests don’t unfairly target women

08/12/2008
Some jobs obviously require that the employees who perform them be in excellent physical condition. For example, firefighters and others engaged in heavy physical work may have to be extremely physically fit. It’s legitimate for employers to test those physical abilities on a regular basis. Be careful, though, about how you administer those tests to men and women …

Civility is great—But you don’t have to guarantee it

08/12/2008
It’s a fact of life—not every employee is going to get along with everyone else in your shop. Some managers and supervisors will have more trouble managing a particular employee than others. However, unless the reason for a supervisor’s criticism is the employee’s protected status (e.g., race or age), the employee won’t win a hostile-environment lawsuit if the “hostility” isn’t extremely severe …

Prejudgment, blind faith by HR may prove costly

08/12/2008
How HR handles discrimination complaints can mean the difference between winning and losing lawsuits. The key lies in using good faith when checking out allegations of discrimination. Do not automatically assume that either party is correct. Keep an open mind and conduct an impartial investigation, giving everyone a chance to present his or her version of events …

Sour environment doesn’t warrant constructive discharge

08/12/2008
Employees who believe they are being discriminated against and can no longer tolerate their work environments may quit and sue, claiming they had no choice. That’s the basis for a “constructive discharge” claim. But it takes more than an unpleasant work environment to justify the resignation as constructive discharge …

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 …