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Discrimination / Harassment

Management bias not necessarily enough to justify quitting

06/03/2008
Employees who complain that other employees have been discriminated against can’t just walk off the job and sue, claiming their working conditions were intolerable. The workplace must be more than merely unpleasant to justify a claimed constructive discharge …

Tell supervisors: No stereotyping based on national origin

06/03/2008
It’s important to remind all supervisors to judge employees on their individual merits—and not to indulge stereotypes. As the following case shows, using stereotypes in any critique of job performance may be enough evidence of national origin discrimination to merit a possible jury trial …

Settlement can include clause that bans reapplying

06/03/2008
Not all discrimination claims are crystal clear. Sometimes, employees are treated unfairly, and those situations deserve to be fixed. In such cases, employers may be tempted to settle, offering a small payment along with an agreement that the employee who complained will get additional training or a fair shot at a promotion. But consider the possible aftermath …

Warn about personal liability when conducting discrimination training

06/03/2008
Are you trying to find ways to get employees to listen during your annual harassment and discrimination training session? Here’s something that should get their attention …

Don’t single out work force’s sole member of a protected class

06/03/2008
Sometimes, little digs and inconveniences that don’t individually amount to much can add up to big trouble—especially if a supervisor constantly singles out the sole member of a protected class. Taken together, they can add up to a hostile work environment and a successful discrimination lawsuit …

Now hear this: You’ll pay for firing worker out on health leave

06/03/2008
Colorado Sports and Spine Centers has just agreed to pay $137,500 to settle a discrimination lawsuit brought by the EEOC on behalf of former employee Kristina Siebert. The CSSC fired Siebert after she took time off to be fitted for hearing aids …

Noose incident leads to citation at Frontier Airlines

06/03/2008
Denver-based Frontier Airlines says it disciplined two employees who harassed a black co-worker with a noose at Denver International Airport. Juan Sequeira, with help from a fellow employee, allegedly made the noose and showed it to the co-worker in the break room …

Requiring fees from applicants

06/03/2008
Q. We have a problem with applicants who pass the pre-hiring process but then decide for some reason that they don’t want the job after all. By the time we learn this, we have already spent time and money on drug tests and orientation, and turned down other applicants. Can we require applicants to submit fees to apply, which we will refund if we don’t hire them, or if they remain employed for a minimum period of time? …

Dealing with a fired employee who signed an arbitration agreement

06/03/2008
Q. All of our applicants sign an arbitration agreement. Recently, for the first time, an employee we fired (he had signed the agreement) had a lawyer send us a letter complaining about his termination. Can we use the agreement to prevent the employee from filing a claim for unemployment benefits or a charge of discrimination? …

Harassing Our Vets at Work: Unpatriotic for Sure, But Is It Illegal?

06/03/2008
A federal court has ruled that employees who believe their employers harass them because of their military status may file complaints under USERRA. The harassment angle breaks new legal ground. As more veterans return home from active duty, will it open the litigation floodgates?