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Discrimination / Harassment

Investigate harassment even if employee complains belatedly

07/11/2008
What happens if an employee has tolerated mild harassment for years without complaining and then the behavior escalates? If the employee stops work, takes disability leave and then files a sexual harassment complaint, what should you do? …

Good news for less-Than-Perfect workplaces: No need to sweat the small stuff

07/11/2008
Employees sometimes unreasonably expect they will happily toil forever in a perfect workplace, full of harmony. But that simply isn’t going to happen. As long as squabbles and personality conflicts don’t turn into discrimination based on age, race, religion or another protected category, they simply don’t matter …

How far can MDCR investigation go?

07/11/2008
Q. Our company is responding to a charge filed with the Michigan Department of Civil Rights (MDCR). The allegation relates to management’s treatment of one employee. However, during the investigation, the MDCR  asked us to produce various unrelated records—for example, promotion records. The charging party has made no claim that he was discriminated against with respect to any promotion. He has never even sought a promotion. How should we respond to this request? …

Applications and date of birth

07/11/2008
Q. We use a standardized employment application form. One of the questions on the form asks for the applicant’s date of birth. We have been told that it is illegal to ask for this information, as it might lead to age discrimination. Is this true? …

Discrimination-Free environment required, perfection a bonus

07/09/2008
The workplace has never been nor will it ever be utopia. Managers and supervisors won’t always see eye to eye with employees. Conflict is almost inevitable. Thus, courts don’t expect employers to provide perfect workplaces free of all strife. Judges expect employers to obey discrimination laws, but they also realize that not every slight or inconvenience is evidence of discrimination …

Contemplating a RIF? Use clear criteria for who loses job

07/09/2008
In these difficult times, your organization may have to undergo a reduction in force (RIF). If you do, it pays to develop objective standards for who can stay and who must go. By outlining your plan and sticking with it, you reduce your chance of losing a lawsuit a former employee might bring. Remember that fired employees will visit an attorney, who will try to find a reason to sue you …

Ignoring harassment? You may be hit with more than claims

07/09/2008
Ignore complaints about any kind of harassment, and you may soon find that the employee who complained will hit your organization with more than just claims under federal Title VII and the Illinois Human Rights Act (IHRA). He or she also may sue for common-law claims like assault and battery and intentional infliction of emotional distress …

Rogue manager’s alleged harassment could cost McDonald’s

07/09/2008
A former McDonald’s employee is suing the Oak Brook-based company for permitting sexual harassment at a Pittsburgh restaurant. Vonda Jackson alleges that an assistant store manager touched her inappropriately …

Beware: You’re now strictly liable for supervisor harassment

07/08/2008
The Minnesota Supreme Court has ruled that sexual harassment cases brought under the Minnesota Human Rights Act should follow the rules laid out for federal Title VII sexual harassment cases. The decision means employers can do precious little to escape liability if a supervisor harasses a subordinate and then takes, or threatens to take, an adverse employment action against that employee …

Check post-Layoff rehire policies for disparate-Age impact

07/08/2008
In tough economic times, organizations sometimes have to make hard choices—such as whether to temporarily lay off employees. Of course, you’ll hope to ramp up staffing when the economy rebounds. That’s when you’ll need to be extra careful. If you bar workers you laid off from being rehired, you may be courting trouble …