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Discrimination / Harassment

EEOC record race-Bias case sends ‘Powerful message’

02/01/2008

Lockheed Martin agreed last month to pay $2.5 million to settle a race discrimination suit brought by a black employee who was subjected to racist graffiti and oral harassment, including use of the “n” word and threats of lynching. The settlement is the largest award ever obtained by the EEOC for a single person in a race-bias case …

Tennis coach’s firing serves up lesson in employee discipline

02/01/2008

Progressive discipline is a system in which penalties increase upon repeat occurrences. But don’t pick and choose which employees you run through progressive discipline. It’s critical to apply those procedures to all employees or none, as this new case shows …

Do we have to pay for ‘Promised’ hours?

02/01/2008

Q. We have a part-time, hourly employee who usually works three days per week for 12 hours. If we don’t have enough work to fill the time, can we send her home without paying her for the unworked hours that week? — J.T., South Carolina …

When English-Speaking staff resent Spanish chatter

02/01/2008

Q. We have a collegial atmosphere in our small factory. But several of our production line workers who don’t speak Spanish are complaining that bilingual employees chat among themselves in Spanish, leaving the others out of the loop. Everyone speaks English when talking about work, so it’s not a safety issue. Still, the non-Spanish speakers resent the Spanish chatter and wonder if they’re being talked about. What can we do? — L.C, Illinois …

Minor discipline without pay or benefits loss isn’t retaliation

02/01/2008

Punishing someone who has filed EEOC or other discrimination claims is illegal. But that shouldn’t stop you from enforcing reasonable rules. Courts won’t ordinarily view as retaliation minor disciplinary actions that don’t cost employees any pay or benefits …

Sticker shock: Fee awards can dwarf money damages

02/01/2008

Here’s a powerful reminder to managers and supervisors that they must follow the letter and the spirit of discrimination laws: A recent California appeals court that heard a reverse discrimination case upheld an attorneys’ fee award that was 35 times higher than the dollar amount awarded to the employee who had been discriminated against …

Enforce dress and grooming code tactfully to avoid trouble

02/01/2008

You can’t legislate good taste. But that shouldn’t stop you from having and enforcing dress and grooming rules. How you enforce those rules, however, can make the difference between needless litigation and a productive workplace. Don’t joke around about an employee’s dress or style. Instead, call the person into a meeting and discuss the problem in private …

Specify some offenses as dischargeable, and follow through

02/01/2008

Employers have a legal obligation to provide a safe working environment, and that includes taking reasonable measures to ensure that violence stays outside the workplace gate. Your employee handbook should include “no violence” and “no threats” clauses, explaining that verified violence or threats mean immediate dismissal …

Stable employment history is a legitimate hiring criterion

02/01/2008

You can use stable employment history as a legitimate selection criterion in hiring—if you do it right. The key is to allow employees to explain interruptions in their employment histories, ignoring those that could lead to a discrimination lawsuit …

Unequal treatment during investigation can trigger lawsuit

02/01/2008

When conducting internal investigations into alleged wrongdoings, make sure you don’t treat employees who belong to a protected class (e.g., age, sex, race or disability) differently than others who may have misbehaved. As the following case shows, discharging one person based on an emotional reaction during an interview and keeping another who kept his cool under questioning may lead to a discrimination lawsuit …