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Discrimination / Harassment

Objective, unwavering criteria is key to litigation-Proof promotions

02/01/2008

A lawsuit is the last thing you want after making a promotion decision. The best way to stay out of court is to insist on objective promotion criteria …

Trainer uses drill sergeant tactics? Make sure it’s ‘Equal opportunity pressure’

02/01/2008

Some managers, especially those with extensive military training, may rely on techniques straight out of boot camp. Under the right circumstances, they can be very effective trainers, who get results and create an effective team. But loud, intimidating and in-your-face behavior comes with a huge risk …

EEOC sues Folks restaurants for religious discrimination

02/01/2008

The EEOC has filed a religious discrimination lawsuit against Folks, the metro Atlanta and North Georgia restaurant chain, for allegedly refusing to employ a woman because of her religious attire …

It all depends on what the meaning of the word ‘Involved’ is

02/01/2008

Over the course of a 16-year career, Ronnie McNorton found himself on the receiving end of many disciplinary actions by his employer, the Georgia Department of Transportation. But McNorton hung on and won several promotions. In 2002, that advancement stalled, ironically because McNorton helped another state employee get her career off the ground. If only he could have kept his stories straight …

Firing justified if employee tries to short-Circuit system

02/01/2008

In day-to-day business, companies have every right to demand that employees follow the chain of command. They can require workers who have complaints about work processes or disagreements with co-workers to take up their issues with supervisors, and not go over bosses’ heads. If employees defy those rules, that can be insubordination—and it can justify termination …

You can require employees to undergo medical evaluations

02/01/2008

Have you ever suspected that one of your employees was not quite as injured or ill as he says? Employers certainly can insist on a medical examination to determine the exact nature and extent of workers’ medical problems—and any appropriate work restrictions. Just make certain you treat all injured employees the same …

Different punishments for different infractions are legit

02/01/2008

Fairness and equal treatment are basic tenets of the HR profession. But that doesn’t mean all discipline cases merit equal punishment, even if the offenses are superficially similar. You can—and often must—punish some rule breakers more severely than others. Just make certain you can justify the differences …

Insist on HR oversight of disciplinary investigations

02/01/2008

Does your HR office take an active role in workplace investigations? If not, it should. By centralizing the investigative and decision-making functions, you increase the odds that your organization’s disciplinary decisions will be fair and evenhanded …

On references, mum’s usually the word, but sometimes honesty is the best policy

02/01/2008

Conventional wisdom says it’s best to refuse to offer any opinion when a prospective employer asks for a reference on an applicant you know may be a poor choice. But sometimes, you may feel compelled to give your counterpart at the hiring organization an honest “heads up.” Before you do, consider that the applicant may sue you if he doesn’t get the job …

Managers: Never presume ‘What’s best’ for employees

02/01/2008

Few things spur a discrimination suit as fast as a manager’s misplaced paternalistic comment. Remind supervisors that employees should choose for themselves what promotion or training opportunities they want to pursue. Presumptions about what they might prefer or would be comfortable doing don’t belong in the workplace …