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Discrimination / Harassment

Colorado vs. federal law on discrimination

08/05/2008
Q. Our small Colorado business is growing, and soon we will have 15 employees on the payroll. How does that affect our exposure under employment laws? …

Take harassment seriously, even if complaint comes late

08/04/2008
Don’t dismiss a sexual harassment complaint just because an employee waits to come forward. A recent 5th Circuit Court of Appeals case shows that employees can prove they really did feel harassed even if they waited a long time before complaining …

Prepare hiring managers to explain interview assessments

08/04/2008
Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants …

Come down hard on supervisors: No telling employees to drop discrimination complaints

08/04/2008
Want to know the easiest way to turn an almost-sure win in court into an almost-certain loss? Allow supervisors to tell employees they should drop an EEOC or other discrimination claim. The simple act of suggesting that a lawsuit isn’t in the employee’s best interest may amount to retaliation if the suggestions would dissuade a reasonable employee from complaining in the first place.

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Tell managers: You must let disabled applicants prove merit

08/01/2008
Disability rights groups sometimes target specific employers to see whether they harbor latent disability discrimination tendencies. An advocate will call a prospective employer and inquire about an open position. The prospective employer can’t say no to an interview without risking a disability lawsuit. But agreeing to the interview is only the beginning …

Beware too much emphasis on candidate’s demeanor

08/01/2008
The more subjective factors you use to set one applicant apart from another, the more likely a court will challenge your decision-making. That’s because some judges and juries may see subjective judgments such as “aggressive” or “confrontational” as code for some form of discrimination …

Your attorney’s expertise is key to crafting severance agreements that stick

08/01/2008
Are you going to discharge an employee you suspect may sue for retaliation or discrimination? Then you probably have already considered softening the blow with a severance agreement. Sometimes money has a way of preventing expensive and time-consuming lawsuits …

Government employees can sue without first filing administrative complaints

08/01/2008
The Supreme Court of Ohio just made it easier for public employees to sue their employers. It ruled employees could go directly to court instead of pursuing administrative remedies first. That means less time and fewer opportunities for employers to resolve any discrimination complaints before they go to court …

You have to work hard to get this much bad press

08/01/2008
The Ohio Civil Rights Commission is investigating a possible abusive environment at Chrysler’s Toledo North Assembly Plant in light of 45 civil rights complaints made by workers there in just 18 months …