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Discrimination / Harassment

Inequitably reducing or denying bonus may be retaliation

04/01/2008
As employers, we would like to think employees would be grateful for bonuses no matter the amount. But employees may perceive a smaller than expected bonus (or a bonus denied) as retaliation for engaging in protected activity …

Include staff self-Assessment in evaluation process

04/01/2008
When an employee sues for an alleged discriminatory firing, the court will want to see the employee’s evaluation. A sterling evaluation and high praise quickly cast doubt on a termination supposedly based on poor performance. How, then, can you encourage honest evaluations? Have employees identify their own weaknesses and address those in their performance evaluations …

Rolled eyes may be rude, but they’re not retaliation

04/01/2008
When employees raise the same gripes over and over, it’s sometimes hard to take them seriously. It can be particularly frustrating if those complaints include discrimination claims, when management is sure no discrimination has taken place. Aggravated bosses, take heart! It may not be a management best practice to show your frustration with baseless complaints, but it isn’t likely to lead to a retaliation lawsuit …

Involved in pre-Termination hearing? Follow the rules

04/01/2008
Here’s a worry for public employees who find themselves assigned to participate in pre-termination hearings: If you don’t follow the hearing rules, you just might lose the qualified immunity you ordinarily have for employment decisions—and wind up being sued personally …

Even vague EEOC complaints can get a trial

04/01/2008
Courts generally bend over backward to make sure employees get their day in court. Employers can’t count on courts to toss out vague complaints. That’s why it pays to take every EEOC complaint seriously. As soon as you get wind of a complaint, contact your attorneys right away …

All other things being equal, bad attitude may be justification for layoff

04/01/2008
Ordinarily, employers should be leery of considering subjective factors when making employment decisions. Objective measures such as surpassing sales quotas, meeting quantitative goals and finishing assigned projects are the best measures for gauging employees. But sometimes you have to make tough decisions …

EEOC: Outback’s kitchen rules keep women out of management

04/01/2008
A group of women are suing Tampa, Fla.-based Outback Steakhouse, claiming they were steered into “female” jobs such as hostess and cocktail waitress and away from kitchen work. Because kitchen experience is a key requirement for promotion at the company, the women say they were shut out of management positions …

What’s the law on demanding a nonsmoking work force?

04/01/2008
Q. The media often have stories about companies that adopt a “no-smoker” policy in order to save on health insurance costs, and force their staffs to quit smoking to keep their jobs. Can my Colorado company do this? …

Track performance improvement plans by protected category

04/01/2008
Employers frequently design performance improvement plans (PIPs) for underperforming employees. But the way managers choose which employees to place on PIPs can have serious consequences. Here’s how to make sure your PIP system is fair—and legal …

Title VII may apply to some independent contractors

04/01/2008
Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor …