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Discrimination / Harassment

Granholm bars bias against transgenders

01/01/2008

Gov. Jennifer Granholm has issued an order barring discrimination against state workers based on gender identity or expression …

To google or not: Legitimate screening method or privacy breach?

01/01/2008

The popularity of Internet blogs and social networking sites such as MySpace, LinkedIn, Facebook and Friendster is causing confusion and concern for some employers. At a time when it’s easy to search the web for information on just about anyone, what steps should a reasonable employer take to investigate the background of an employee? …

Following harassment complaint, changing supervisors can cut liability

01/01/2008

While no employer should condone any form of workplace harassment, it isn’t always necessary to terminate the alleged harasser. After all, sometimes it may be a matter of “he said/she said,” making it tough to sort out what really happened. That’s likely if there are no witnesses. In those cases, the best move may be to separate the parties …

Do your pre-Hire tests carry lawsuit risks? New EEOC guidance helps make the call

01/01/2008

The EEOC last month issued an extensive fact sheet that explains how federal anti-discrimination laws apply to pre-hire tests. The nonbinding guidance focuses on the best—and legal—practices for cognitive tests, personality tests, medical exams, credit checks and criminal background tests …

Odd applicant makes pre-Hire complaints? Proceed as usual

01/01/2008

Some applicants clearly have chips on their shoulders. Some go as far as to proclaim they think they are being discriminated against before they even have a chance to turn down job offers. As the following case shows, applicants can’t create retaliation cases simply by letting you know they think you are about to discriminate against them …

End of harassment investigation triggers filing period

01/01/2008

When it comes to filing a sexual harassment claim under California’s Fair Employment and Housing Act, employees have just one year from the date of the alleged sexual harassment to file a complaint. Missing that deadline bars the employee from suing. But sexual harassment rarely occurs in a vacuum, and there’s rarely just one incident …

Beware the impact of romantic affairs on other employees

01/01/2008

A workplace affair can wreak havoc if the couple breaks up—especially if one is a supervisor. There may be a sexual harassment claim lurking in the affair. But that’s not the only problem. Sometimes an office affair can create an uncomfortable situation for other employees …

Union fails to pursue grievance? That’s its problem

01/01/2008

If an employee’s union rep doesn’t file a grievance and your organization later fires the employee based on an incident that could have been the subject of the grievance, the union is most likely on the hook for any damages …

Independent investigation doesn’t have to be perfect

01/01/2008

If you receive a discrimination complaint, conduct a prompt and thorough investigation. Then have an independent party decide on any discipline. If the investigation was independent and the decision-maker was not the same person who allegedly discriminated against the employee, it won’t matter if the decision-maker was wrong—just that he or she believed the reason was genuine …

Even absent employees can claim harassment

01/01/2008

Even employees who are no longer working day to day in a hostile environment can sue for harassment. Every federal circuit appeals court that has considered the question has sided with the absent employees on the principle that a hostile work environment may extend beyond the physical workplace …