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Discrimination / Harassment

Remedy for discrimination can include neutral references and contact reporting

04/01/2008
Employees who win discrimination lawsuits against their former employers sometimes are entitled to more than money. In the right circumstances, they are entitled to other things to make them “whole” again, including positive references, notice when a prospective employer contacts the former employer and changes to the separation notice …

EEOC sues over strip searches at Winder restaurant

04/01/2008
The EEOC has filed a lawsuit on behalf of three black employees who say they were strip-searched at a Krystal restaurant in Winder after $100 disappeared from a white employee’s cash register. The lawsuit alleges a male worker was allegedly ordered to remove all his clothing in the back of the store …

The EEOC’s new initiatives for 2008: All talk … or a real threat?

04/01/2008
In recent months, the EEOC has made a lot of noise about new initiatives to combat workplace discrimination. Three of the most prominent include (1) the E-RACE Initiative, (2) employment testing and (3) protections for caregivers … 

No personal liability in FEHA retaliation cases

04/01/2008
The California Supreme Court has ruled that managers and supervisors shouldn’t be held personally responsible when an employee wins a retaliation claim under the California Fair Employment and Housing Act …

Encourage civility, but don’t sweat every little slight

04/01/2008
Minor annoyances, favoritism or other unfair treatment in the workplace aren’t enough to sustain a discrimination lawsuit. As the following case shows, employees have to be able to tolerate some uncomfortable moments without resorting to the legal system for relief …

Make sure everyone knows to process legal docs ASAP

04/01/2008
Nothing will get an organization in hot water faster than ignoring legal paperwork. Missed deadlines may mean a default judgment, with the tardy employer missing any chance to defend itself in court. That’s why it’s absolutely crucial to have a clear process for handling any incoming legal documents …

Degree of control changes status from contractor to employee

04/01/2008
More and more courts are ignoring the labels companies and independent contractors put on their relationships—and even rewriting the relationship in some cases. That means that someone an organization has carried on the books as an independent contractor can be reclassified as an employee …

Use ‘Soft’ criteria for staffing decisions? Be prepared to back up rationale

04/01/2008
Some jobs require a set of objective or “hard” skills, plus subjective or “soft” skills. As long as an employer can clearly articulate what soft skills an applicant or employee lacks, it can use the subjective reasons when making selection or retention decisions …

Spaghetti incident gets even messier in LAFD’s tangled tale

04/01/2008
A jury has added $1.6 million to the tab for the Los Angeles Fire Department’s (LAFD) handling of a discrimination lawsuit, bringing the total to $4.5 million. The case began when a black LAFD firefighter alleged that someone had laced his spaghetti dinner with dog food …

Check your org chart for hidden bias or preference

04/01/2008
It can happen before anyone in HR even realizes it: Managers or supervisors begin hiring applicants with ethnic or national backgrounds similar to their own. If you notice an unusually high number of similar employees concentrated in a division or section, it’s time for real efforts to make sure your staff fairly reflects the makeup of the overall work force …