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Discrimination / Harassment

Justify decisions to thwart retaliation bait & switch

04/14/2008
One of the most popular litigation tactics these days starts with an employee filing a discrimination complaint. Then the employee—and her attorneys—sit back and wait to see what happens. If the employer somehow punishes the employee, the attorneys add a second count to the lawsuit: retaliation …

Pressure to ‘Balance’ staff may show reverse discrimination

04/14/2008
Are you under pressure to make your work force better reflect the racial or ethnic composition of the surrounding community? If so, be aware that manipulating hiring or promotions to achieve that goal at the expense of any particular race may mean a reverse discrimination lawsuit …

Punish offenders to set example that prevents harassment

04/14/2008
When you learn that a supervisor has sexually harassed and punished—or threatened to punish—a subordinate to gain cooperation or for rejecting an advance, send a strong message to all managers and supervisors. Promptly fire the harasser or demote him—or her—out of a supervisory position. Then reinstate the harassed employee …

Are you ready to explain each and every promotion decision?

04/14/2008
Lawsuits sometimes seem to come out of nowhere. While you can reduce your risk through prevention, you can’t eliminate it entirely. That’s why you need a backup strategy. For failure-to-promote lawsuits, that strategy should involve being ready to explain each and every promotion decision with solid business reasons …

HSN hit with discrimination suit

04/14/2008
A former employee of St. Petersburg-based Home Shopping Network (HSN) has filed suit against the company, alleging race discrimination. Armanda Vernon claims HSN passed her over repeatedly for promotions because she is black …

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

04/14/2008
Even though Florida’s Civil Rights Act does not outlaw sexual orientation bias, employers must still comply with local ordinances that do. And employers also should prepare to comply with potential changes in federal laws. Incorporating anti-gay bias training into your regular anti-discrimination training carries a number of benefits …

Feel free to expand candidate search even if your policy favors hiring from within

04/10/2008
If, like many companies, you have a policy that encourages promotion from within, you may hesitate to look outside for additional candidates. Fear of a lawsuit might make you especially reluctant if one of the few internal candidates belongs to a protected class. As the following case shows, those fears are unfounded …

Jury to decide Michigan professor’s anti-Gay bias suit

04/10/2008
A Lansing Circuit Court judge has ruled that a jury trial is in order in the case of a discrimination lawsuit filed in 2005 by Peter Hammer, a former professor at the University of Michigan Law School. Hammer claims he was denied tenure because he is openly gay …

Top 5 mistakes employers make and how to avoid them

04/10/2008

Poor communications with employees isn’t just bad for business. It also creates a work environment that’s ripe for legal trouble. Stay out of the courtroom by taking time to explain your actions and make the workplace seem rational to employees. Here’s how.

Pigeonholing employees’ race can be tricky … and risky

04/09/2008
Exactly what is race? And who is a member of a protected class based on race? Does the color of one’s skin count more than the country of origin? Those are some of the questions a federal appeals court recently tackled …