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Discrimination / Harassment

Stable job history is a legitimate hiring criterion

05/22/2008
It’s OK to favor applicants who’ve proven they can stick with a job for a while. That’s not discrimination, as a recent court ruling shows. The key: Allow employees to explain job gaps. Then ignore those that could lead to a discrimination lawsuit … 

Is HR protected for refusing to follow biased orders?

05/20/2008
What happens if management wants to fire or otherwise punish an employee for discriminatory reasons, and HR objects? Can an HR professional who is then fired for refusing to play ball proceed to file her own EEOC retaliation or protected-activity claim? Learn how this issue can affect your organization—and your own career.

Don’t let retaliation undo settled discrimination charge

05/19/2008

Ever since the U.S. Supreme Court declared that the threshold for retaliation is much lower than for discrimination itself, employees who have filed discrimination complaints are finding that by charging retaliation, they get a second chance to drag their employers into court. That’s why it is absolutely crucial for HR to train supervisors and managers on retaliation …

Cure for promotion paralysis: Simply pick best candidate

05/16/2008
It’s easy to feel paralyzed when it’s time to choose an employee to promote. You need to pick the best candidate for the promotion, but you also don’t want to risk a discrimination lawsuit. The truth is, if your choice is reasonable, a court probably won’t second-guess it …

Don’t let one rogue manager brand you an age discriminator

05/16/2008
Even if an employer has a good history of avoiding age discrimination in hiring, it can be sued for age discrimination if a reduction in force disproportionately affects older workers. Generally good hiring practices don’t prove that no discrimination occurred when drawing up the RIF list …

Check bankruptcy filings for possible ‘Get out of jail’ card

05/16/2008
Employees who have been fired or otherwise lose their jobs frequently encounter financial problems and end up in bankruptcy court. If the employee doesn’t list a pending EEOC or lawsuit claim against his former employer, the bankruptcy court may miss important assets and discharge the debts …

After discrimination complaint, be sure to document any potential disciplinary moves

05/16/2008
State and federal laws protect employees who file discrimination complaints from retaliation for making those complaints. That’s why it’s a good idea to make sure you carefully document any disciplinary moves that occur after an employee has complained of discrimination …

‘Boys will be boys’ won’t excuse harassment

05/16/2008
A group of black construction workers filed a race discrimination and retaliation claim with the EEOC. They complained of racist graffiti, demeaning language and their tools being stolen. The employer tried to shrug it off, basically arguing that construction sites are by nature crude and mean-spirited workplaces …

Open inquiry protects against firing bias

05/16/2008
Coca-Cola fired Dudley Thompson, who is black and from Jamaica, for not following company protocol when he went on vacation to the island—he failed to put his vacation request in writing and arrange for shift coverage …

Jamba Juice mixed up in sexual harassment blender

05/16/2008
The EEOC has filed suit against California-based fruit smoothie retailer Jamba Juice, alleging the company allowed one of its managers to sexually harass several female employees. The EEOC says the company disciplined the manager, but then promoted him two months later …