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Discrimination / Harassment

Discharging ill employee for performance? Better make sure you can prove it

05/05/2008
Courts often suspect the worst when employers fire severely ill employees. A judge may bend over backward trying to find a way to help the employee. An employer that can’t offer concrete, solid and compelling reasons for the termination may very well find itself trying to defend a “regarded as disabled” lawsuit …

Even small differences can justify different treatment

05/05/2008
An employee sometimes will look for any reason to file a lawsuit—especially if she thinks she has been treated unfairly but doesn’t have any direct evidence. That’s one good reason for justifying all employment-related decisions …

Are there unusual protected statuses that can limit an employer’s right to terminate?

05/05/2008
Q. We know that it is unlawful to discriminate against employees on the basis of race, ethnicity, national origin, religion, sex, age and disability. Do any other protected classifications exist under Texas law that might limit an employer’s right to terminate a worker employed at will? …

Want to discard old applications? Tell applicants up front

05/02/2008
Do you have a file cabinet overflowing with employment applications filled out by years’ worth of job-seekers? Don’t toss them out! Unless those applications included a statement that you would retain them only for some set time, your best bet is to contact every applicant and explain what you are doing …

Caution: ‘Association discrimination’ is new HR worry

05/02/2008
You know it’s illegal to retaliate against an employee who has engaged in so-called “protected activity,” such as filing a discrimination complaint internally or with the EEOC. Now, the 6th Circuit Court of Appeals, which covers Ohio employers, has taken the concept one step further …

You don’t have to tell applicants how you’ll screen for interviews

05/02/2008
Employers don’t have to tell applicants exactly how the hiring process works—for example, how you sort applications, evaluate candidates for possible interviews and make job offers. Just make sure that everyone in the HR office who handles applications knows what the rules are …

State AG Office embroiled in sex scandal

05/02/2008
Ohio Attorney General Marc Dann has placed Anthony Gutierrez, his office’s director of general services, on leave during an investigation of sexual harassment complaints by staff members Vanessa Stout and Cindy Stankoski …

Renhill Staffing pays for discrimination that ‘Didn’t happen’

05/02/2008
Perrysburg-based Renhill Staffing Services has agreed to pay more than $580,000 to settle an EEOC lawsuit alleging age and race discrimination. The lawsuit accused the recruitment and temporary services firm of failing to refer blacks and people over age 40 for job openings …

Get ahead of the curve by offering anti-Gay bias training

05/02/2008
Ohio may soon join other states in outlawing sexual orientation discrimination by private employers. It may be time for employers to rethink their employment discrimination policies and include sexual orientation. One good first step is to include anti-gay discrimination training in your regular anti-discrimination program …

Good news: Court nixes class action for unrelated claims

05/01/2008
Good news on the class action front. A federal court has refused to allow a lawsuit to go forward as a class action when it was clear that none of the employees named in the complaint had anything in common except that they worked for the same company …