• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Track discrimination claims to head off post-Firing suits

07/25/2008
Workers who have lost their jobs often look for some ulterior motive to explain their terminations. Here’s what to do if a former employee claiming he was targeted because of a discrimination complaint sues you: Check when the complaint first came to light. Any complaints should have been logged and time-stamped, even if the complaint wasn’t written …

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

Changing hiring criteria in midstream: Legal, if done right

07/24/2008
Sometimes, employers receive a far greater number of qualified applicants for an open position than they expected. If that happens, you can narrow the applicants down by a new set of more specific requirements. Applicants who sue because they met the first set of requirements but not the second probably won’t win a discrimination lawsuit …

Job bias against women who’ve had abortions is illegal

07/24/2008

By now you know that employers can’t fire or otherwise punish employees because they’re pregnant. But what about employees who choose to have an abortion? Make sure your supervisors know it’s illegal to discriminate against them, too.

Decision-Making paper trail: The best kryptonite to lawsuits

07/24/2008
Employers that take the time to create good paper trails seldom lose discrimination lawsuits. Those who can show the rationale behind a decision find that few employees can come up with anything to counter that rationale …

Pittsburgh McDonald’s faces suit alleging rogue manager

07/24/2008
A former McDonald’s employee is suing the Oak Brook, Ill.-based company for permitting sexual harassment at a Pittsburgh restaurant. Vonda Jackson alleges that an assistant store manager touched her inappropriately …

Never, never on a Sunday

07/24/2008

Timothy Walker was hired in 1995 at the Lafayette, Ind., plant of Alcoa Inc., based in Pittsburgh. Walker also served as a pastor at an area church. In May 1998, when he was appointed head pastor, Walker asked to be excused from work on Sundays …

Workplace bullying by managers: Unpleasant, but is it illegal?

07/24/2008
According a recent Zogby International survey, 37% of U.S. workers report that they’ve been bullied at work. Not surprisingly, they say, the overwhelming majority (72%) of bullies are bosses. Workplace bullying is harassment that’s not necessarily based on an employee’s protected characteristic, such as gender or race. But, unlike harassment based on a protected class, bullying may not be illegal …

Pregnancy discrimination law covers women who’ve had abortions

07/24/2008

By now you know that employers can’t fire or otherwise punish employees because they’re pregnant. But what about employees who choose to have an abortion? Make sure your supervisors know it’s illegal to discriminate against them, too.