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Discrimination / Harassment

Pre-Employment tests: Do yours meet the new EEOC guidelines?

05/15/2008
In December, the EEOC issued new guidance on employment tests and selection procedures under three laws: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The key to complying is to make sure each employment test is directly job-related and focuses on business necessity …

OK to fire and then investigate—But be consistent

05/14/2008
It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened …

Investigative finger points back at accuser? It’s OK to fire

05/14/2008
Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action …

Beware reverse sex discrimination when setting schedules and overtime policies

05/14/2008
It isn’t unusual for fathers to have extensive child care responsibilities. Make sure your policies recognize that fact. Don’t succumb to stereotypical thinking. For example, if you waive some work requirements so mothers can pick up their kids from day care, give fathers the same flexibility …

Petty slights and ostracism don’t add up to retaliation

05/13/2008
Sometimes, it seems as if every employee who ever filed a complaint about real or imagined discrimination follows up with a retaliation lawsuit. Ever since the U.S. Supreme Court loosened the requirements for proving retaliation, lawyers have had a field day. At least the 8th Circuit Court of Appeals has begun reining in these lawsuits …

Think twice before suing your own employee for negligence

05/13/2008
Minnesota employers, take note: Courts don’t take kindly to employers that try to sue their employees for negligence as a counterclaim to a discrimination lawsuit. In fact, Minnesota law requires employers to indemnify employees for costs associated with a lawsuit filed because of the employee’s alleged wrongdoing …

Don’t ignore lawsuits! No-Show means automatic loss—And court-Ordered damages

05/13/2008
Don’t even think about ignoring an employee lawsuit. If you don’t hire an attorney and present the court with a specific defense, the judge will give the employee an automatic win and figure out what damages you must pay. And you certainly won’t be able to ignore the sheriff who comes to collect what the court said you owe …

Receptionist delivers messages from hell

05/13/2008
Zachary Winspear joined Community Development, Inc. (CDI), a property management company in Golden Valley, as a personal assistant to company president Charles Schneider. As the two grew close, Winspear confided to Schneider that his brother had committed suicide …

Effort to Extend Statute of Limitations on Pay-Bias Lawsuits Fails in Congress

05/12/2008
Federal anti-discrimination law gives employees either 180 or 300 days (depending on the state they live in) to file an employment discrimination claim with the EEOC. Pro-employee legislation that aimed to extend that limit much further failed in Congress this month.

Duty differences, experience enough to defeat equal pay claim

05/12/2008
The Equal Pay Act was passed to ensure that women are paid the same as men for substantially equal work. The law does allow for differences based on any factor “other than sex,” but you must be prepared to explain pay differentials in a way that clearly demonstrates why two employees in the same job receive different wages …