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Discrimination / Harassment

OK to use candidate observations to justify hiring decisions

07/02/2008
It’s legitimate to base hiring decisions on observations of how prospective employees will perform. Just be sure supervisors document any observations they make. If the person in question later sues you for some reason, you’ll be able to use those observations as legitimate justifications for your decision …

Back up even minor disciplinary action with solid records

07/02/2008
We’ve said it before and we’ll say it again: Nothing wins lawsuits like good records. Tell all managers and supervisors that HR won’t approve any disciplinary action without a copy of the documentation used to justify the decision …

Need an incentive to settle? How about lower attorneys’ fees?

07/02/2008
Don’t let emotion get in the way of settling a case early on if it looks like the company may be liable. Dragging out the inevitable accomplishes just two things—neither of them good: (1) It adds to the fees you have to pay your own attorneys and (2) the fees you also may end up paying for the other side’s attorneys …

Warn supervisors: Over-the-Top, irrational behavior may mean personal liability

07/02/2008
Warn hot-headed supervisors that they risk personal liability if they don’t cool it. Employees claiming intentional infliction of emotional distress can sue the company and the supervisor personally, collecting from both …

Keep careful employee count—Exact numbers may pay off in lawsuit

07/02/2008
If a lawsuit involves several employees and Title VII violations, your legal bills could quickly grow. But the law caps damages depending on how many employees an employer had during the year in which the discrimination took place or the year before …

Tavern on the Green pays a big harassment tab

07/02/2008
Manhattan’s Tavern on the Green restaurant has agreed to pay $2.2 million for “severe and pervasive sexual, racial and national origin harassment of female, black and Hispanic employees.” The EEOC said sexual harassment at the Central Park landmark eatery included graphic comments and demands for sexual acts …

Nassau County SPCA faces sexual harassment suits

07/02/2008
Susan Collison of Massapequa, a former volunteer investigative sergeant with the Nassau County Society for the Prevention of Cruelty to Animals (SPCA), is suing the society, the county and its leadership for sexual harassment, gender discrimination and retaliation … 

Lack of ‘Potty parity’ can spark discrimination claim

07/01/2008

It may sound trivial, but employers in male-dominated industries should take note: Make sure your female employees have access to equal restroom facilities that meet women’s needs. Don’t expect women to adopt male restroom habits. 

Deflecting cupid’s arrow: Should you even try to prevent interoffice dating?

07/01/2008
Office romances may start off hot, but they can quickly cool down into disputes, hard feelings and even lawsuits. Don’t put a complete ban on romantic relationships between any co-workers. It’s unrealistic and impossible to police. Instead, prohibit dating between employees who report directly to one another …

Is Howard Stern harassing your female employees?

07/01/2008
The growth of XM and Sirius satellite radio service has brought uncensored radio programming into cubicles, warehouses and breakrooms. And as a new court ruling proves, employees who overhear such sexual banter—even if it’s not directed at them—can sue for harassment …