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Discrimination / Harassment

Take steps to reduce your liability for co-Worker retaliation

06/12/2008
The United States 6th Circuit Court of Appeals has joined a growing number of federal courts holding that employers are liable for co-worker retaliation. The decision, in Hawkins, et al., v. Anheuser-Busch, increases employers’ liability when an employee retaliates after another worker has complained about improper conduct …

Does the Pregnancy Discrimination Act grant additional maternity leave?

06/12/2008
Q. We granted an employee maternity leave following the birth of her child—12 weeks of leave in accordance with the FMLA. Other than the FMLA, our company has no past practice or policy of granting leave (paid or unpaid) to employees except for their own medical conditions. Our employee claims that we will be discriminating against her because of her pregnancy and status as a new mother if we do not grant her additional leave time. I am aware of the Pregnancy Discrimination Act. Does it require us to grant our employee additional leave to care for her newborn? …

Audit wages and salaries to identify hidden sex bias

06/11/2008
It doesn’t take much for a sex discrimination complaint to turn into a trial. Sometimes all it takes to start a Title VII sex discrimination and Equal Pay Act lawsuit is hiring a woman to fill a position that had been previously held by men who made more money …

Seek legal assistance when negotiating contract terms with union

06/11/2008
It may be tempting for HR professionals to try to negotiate and draft key aspects of union collective-bargaining agreements. But there are good reasons to leave collective bargaining to labor relations and legal experts …

Don’t go anywhere near a Dumpster in Peoria!

06/11/2008
Andrew Smith worked in Peoria as a garbage truck driver for Waste Management of Illinois. On March 4, 2003, he backed out of a driveway and hit another vehicle. On March 21, he hit a gas meter while moving a waste container. On April 7, the hook on his truck snared the hood of another vehicle. On July 7, he snagged an overhead wire while lifting a container over the cab of his truck …

Did serial harasser fare better than the victim at DHS?

06/11/2008
Jacqueline Smith worked as a server in the Illinois Department of Human Services (DHS) John J. Madden Mental Health Center from 2000 to 2004. In September 2003, a co-worker, Eddie Spivey, allegedly called Smith a sexually explicit name while their supervisor, Bella Ynares, was present …

Little things can add up to discrimination and harassment

06/10/2008
Do your managers and supervisors understand that ostracizing an employee can backfire? Do they make diligent efforts to train everyone equally and include everyone in work-related social events? If not, it’s time to remind them …

Is that harassment—Or just a personality clash?

06/10/2008
When an employee complains about alleged discrimination or harassment by a supervisor, take a careful look at what each person says is happening. As the following case shows, sometimes just a poor working relationship—not discrimination—is the source of the problem …

When worker complains, find out if she’s a ‘Serial sue-er’

06/10/2008
Sometimes, you can tell how seriously to take an EEOC or other discrimination complaint by checking to see if the employee (or applicant) has filed other discrimination lawsuits in the past. If the complaint turns into a court case, an employee’s pattern of frivolous litigation may become powerful evidence a judge or jury will want to consider …

Sometimes settling a claim is the smartest thing to do

06/10/2008
Have you considered settling a claim instead of fighting it tooth and nail? Sometimes, that’s the smartest course of action—even if you believe your company didn’t do anything wrong. If you do decide to settle, make sure you ask your attorney to ensure that the terms and conditions are airtight …