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Discrimination / Harassment

When discrimination charges are possible, investigate thoroughly before firing

05/01/2008
When you fire an employee, you want the decision to stick. You certainly don’t want to use a flimsy reason for discharge and then find out later that other employees regularly ignore your rule. If the former employee is a member of a protected class, that’s a sure recipe for a discrimination lawsuit …

Complaining about harassment of non-Employee isn’t protected activity

05/01/2008
Ordinarily, employers can’t punish employees who stand up for co-workers who are being discriminated against. But what if the employee speaks out against the employer’s treatment of someone who is not an employee? As the following case shows, punishing the employee probably doesn’t violate Title VII …

Anti-Nepotism trumps familial status discrimination

05/01/2008
Good news for employers with strong anti-nepotism policies: The 10th Circuit Court of Appeals has rejected a claim based on alleged familial status discrimination. The court ruled that Title VII does not protect family members from an employer’s decision not to hire a relative when company rules bar nepotism …

Amendment would ban policies both biased and preferential

05/01/2008
A petition supporting a state constitutional ban on preferential policies garnered more than 120,000 signatures before being passed on to the Colorado secretary of state in March … 

Carrots and sticks: 5 ways HIPAA limits wellness programs

05/01/2008
Since it is clear that better health translates into lower health care costs, employers increasingly embrace the concept of financial incentives to persuade employees to make healthier lifestyle choices. Thus the rise of wellness programs—a great idea, but one that can run afoul of the federal Health Insurance Portability and Accountability Act (HIPAA) …

When you’ve been accused: Handling an EEOC charge

05/01/2008
The events that lead to an EEOC charge are sometimes beyond a company’s control. Whatever your role in the events leading up to the complaint, how your company fares depends largely on how you respond. Don’t blow it—mistakes can be costly. Here are the steps you should follow if and when you receive an EEOC charge …

HR protected—But only if it actually helped file bias claims

05/01/2008
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? …

Equal Pay Act claims may hit employers by surprise

05/01/2008
Employers may think last year’s U.S. Supreme Court Ledbetter decision means employees can’t wait years before complaining about sex discrimination if the issue is pay. Surprise! It’s not always true …

Gov. Paterson accused of race discrimination

05/01/2008
Incoming Gov. David Paterson hadn’t even taken his oath of office before he was hit with allegations of race discrimination during his term as Senate Democratic leader. Joseph Maiorello, a former Senate minority photographer, has filed an EEOC lawsuit alleging Paterson fired him because he is white …

Allied Aviation pays $1.9 million to settle discrimination case

05/01/2008
Allied Aviation Services Inc., a New York-based provider of fuel services, settled an EEOC lawsuit for $1.9 million, following claims of persistent race discrimination at its facility at Dallas/Fort Worth International Airport …