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Discrimination / Harassment

Can telecommuters claim hostile environment?

09/19/2019
Don’t assume that an employee who works from home can’t launch a hostile work environment claim. Prevailing in such a lawsuit doesn’t depend solely on demonstrating a pattern of direct interpersonal hostility. Other factors count, too.

EEOC will end EEO-1 compensation data collection after this year

09/18/2019
The EEO-1 Component 2 data that most employers and federal contractors must submit by Sept. 30 will mark the one and only time the EEOC collects compensation data, according to an EEOC Notice of Information Collection published in the Federal Register on Sept. 12.

Look into even suspect harassment complaints

09/12/2019
Don’t assume every last-minute harassment complaint is a sham. Instead, investigate.

Fort Worth beverage distributor resolves bias complaints

09/04/2019
A Fort Worth beverage distributor that is also a federal contractor agreed to pay $350,000 in back pay and interest to resolve charges it steered applicants into specific jobs based on their gender, race and ethnicity.

Review prior complaints before terminating

09/04/2019
Before approving any recommendation to terminate a worker, review HR records to see if the worker has filed any discrimination or harassment complaints. Ensure the recommendation wasn’t motivated by retaliation.

How to prevent some class actions: Let local managers make compensation decisions

09/04/2019
Having a highly centralized pay and promotion system may make employers more vulnerable to class-action litigation. On the other hand, giving some pay and promotion authority to local managers and supervisors may prevent class actions.

New employee just isn’t working out? Document specific problems before firing

09/04/2019
Sometimes, you discover that an employee you or your predecessor hired simply isn’t qualified or capable of doing her job. Before you fire her, possibly triggering a lawsuit, take the time to document why she’s not working out.

Investigate every claim of sexual harassment

09/04/2019
With the rise of the #MeToo movement, many employers worry that alleged victims will falsely accuse someone of sexual harassment. It’s a realistic fear, but you should never use that as an excuse not to investigate sexual harassment complaints when they surface.

Objective measures are most persuasive, so focus on performance criteria

09/02/2019
Remind supervisors to always focus on performance—not intangibles like “attitude”—using as many objective measures as possible. If an employee later alleges some form of discrimination, you’ll be able to demonstrate that you kept things professional by focusing on what really matters: doing the job.

Prevention key to cutting harassment liability

08/29/2019
The best way to avoid liability for sexual harassment is to prevent it from occurring in the first place. That’s why it’s so important to educate supervisors on your sexual harassment policy.