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Discrimination / Harassment

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 …

Use two-Pronged approach to protect against harassment

02/01/2008

Sexual harassment cases continue to plague employers. Whether the harassment allegations involve a co-worker or a supervisor, the bottom line is simple: You need a two-part defense …

Handbook helps convince court to overturn discrimination decision

02/01/2008

The Indiana Court of Appeals reversed a decision by the Michigan City Human Rights Commission finding that Filter Specialists Inc. discriminated against two employees because they are black. Dawn Brooks and Charmaine Weathers were fired in 2003 for time-card fraud …

Supreme Corporation takes $427,000 hit for discrimination

02/01/2008

Goshen-based Supreme Corporation, the nation’s leading truck body manufacturer, has agreed to pay $427,000 to settle a race discrimination lawsuit with the EEOC and seven former employees …

Health incentive plans must comply with HIPAA rules

02/01/2008

As another year of double-digit increases in health care costs looms, employers are looking to save money wherever they can. Recently, many have tried to do so by implementing incentive programs designed to improve the health of their employees. But health incentive plans must comply with the Health Insurance Portability and Accountability Act’s privacy and nondiscrimination rules …

Inappropriate info on old applications

02/01/2008

Q. I was recently hired as the first-ever HR director for a company that has been in business for more than 40 years. While reviewing employee files, I was aghast to find applications from the late ’70s and early ’80s asking very inappropriate questions—the applicant’s political party, religious faith and even family planning goals. I know times have changed, and the company’s applications have been EEO-compliant for more than 20 years. But I worry that the company will get in trouble with the EEOC or other government agencies if the old applications are found in our files. Should I have older employees who filled out the inappropriate applications all those years ago complete and submit current EEO-compliant applications? …

You don’t have to ‘Accommodate’ offensive proselytizing

02/01/2008

Employers often have to balance the rights of divergent protected groups in ways that seem impossible. Consider what happens when a local ordinance says you cannot discriminate against an employee based on sexual orientation, while state and federal law says you cannot discriminate against someone for a sincerely held religious belief …