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Discrimination / Harassment

What questions are off limits when talking to references and past employers?

03/01/2008
 Q. I understand that it’s illegal to ask applicants certain personal questions. But are there any questions I can’t ask a reference or previous employer? …

How many employees make a ‘Group’ for OWBPA purposes?

03/01/2008
Q. I recently read that the Older Workers Benefit Protection Act (OWBPA) requires that we provide an employee who has been discharged as part of a “group” termination at least 45 days to consider the terms of a release waiving his or her rights under the Age Discrimination in Employment Act. How many employees constitute a group? …

Setting skill and experience minimums can stop lawsuits

03/01/2008
When it comes to hiring and promotion, one of the best things you can do to protect your organization from lawsuits is to clearly explain the qualifications and experience needed before you schedule an interview with a candidate …

Be prepared to explain why you pay some employees more

03/01/2008
Chances are, you don’t pay everyone who performs the same job exactly the same amount of money. You may, for example, have negotiated a higher rate of pay for a new employee to fill a critical shortage. Or you may pay less to recently hired employees than those loyal workers who have been with you for several years. Those are all valid and defensible reasons. That doesn’t mean, however, that you won’t be sued under the Equal Pay Act …

Good news: You don’t have to worry spouse will sue under NJLAD

03/01/2008
Here’s one less thing you have to worry about if an employee files a New Jersey Law Against Discrimination (NJLAD) lawsuit against your organization: That employee’s spouse can’t hitch a ride on the lawsuit express …

NJLAD now requires greater accommodation of religious beliefs

03/01/2008
The New Jersey Law Against Discrimination recently was expanded to require employers to reasonably accommodate employees’ sincerely held religious beliefs. Under the new rules, employers must make a “bona fide effort” to accommodate religious practices unless they can show that doing so will pose an “undue hardship” on their businesses …

Sexual harassment settlement not part of the public record

03/01/2008
Monmouth County does not have to dish up the details of its settlement with traffic engineer Carol Melnick over sexual harassment charges, State Superior Court Judge Jamie Perri has ruled …

The NJLAD’s fee-Shifting provision: A ray of hope for employers

03/01/2008

Harassment and retaliation claims are on the rise in workplaces across the country. Some cases are legitimate, but many are not. They’re brought by employees seeking to have a court rule on trivial workplace disputes that have no sufficient factual or legal basis. Now there’s a ray of hope for employers that have been victimized by such frivolous lawsuits …

Winning lawsuit no slam-Dunk when firing follows romance

03/01/2008
You will probably never be able to eliminate the downside risks of sexual relationships at work, no matter how many policies you draft. So what should HR do to prevent turmoil once a relationship has ended? Generally, the best policy is to leave well enough alone …

Even a pay increase can lead to discrimination charges

03/01/2008
Don’t think because an employee receives a raise, he or she can’t sue for discrimination. The fact is, an “inadequate” or “unequal” raise can be the basis of a discrimination lawsuit—if other employees outside the affected employee’s protected class got bigger and better raises …