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Discrimination / Harassment

Following baseless complaint, ensure later discipline is legit

01/01/2008

Sometimes employees who know they are in trouble at work will try to set up lawsuits. That way, they reason, if they get fired, they can sue for “retaliation.” It’s up to HR to ferret out such sneaky tricks and prevent those lawsuits. The best way is to make absolutely sure that you can justify any eventual discipline …

Commissioner denies former aide’s sexual harassment charge

01/01/2008

Alyssa Ogden, former aide to Hillsborough County Commissioner Kevin White, says she was fired because she rebuffed numerous sexual advances since she joined White’s staff in April of 2007. She filed an EEOC complaint …

Employees have no right to change duties to fit beliefs

01/01/2008

Employers can’t discriminate against employees because of their honestly held religious beliefs. On the other hand, those religious beliefs don’t give employees the right to alter their jobs based on those beliefs. This is especially true for public employees who might expose their agencies to First Amendment establishment clause litigation …

Set harassment policies employees can understand and follow

01/01/2008

The best—quite possibly the only—protection employers have against losing a sexual harassment lawsuit is an effective sexual harassment policy. But a policy isn’t worth the paper it’s written on if employees don’t know about it or find it hard to use …

If new employee clearly isn’t working out, fire and move on

01/01/2008

Sometimes it becomes painfully obvious you’ve made a hiring mistake shortly after the new employee clocks in on day one. If, during initial training or on the first assignment, you know the employee will not meet your legitimate expectations—and you can substantiate your impression—it may be best to admit the mistake and discharge the new employee …

Evenly enforce zero-Tolerance rule against threats

01/01/2008

You’ll never be able to completely eliminate romantic involvement between co-workers, but you can and should take steps to ensure peaceful coexistence in the workplace once a relationship ends. Just make sure you enforce the rules evenhandedly against both males and females …

Women have up to three years to file equal-Pay lawsuits under the EPA

01/01/2008

If you thought last year’s U.S. Supreme Court decision in the Ledbetter case made it clear that employees must file EEOC complaints within 300 days of suffering a discriminatory pay decision, think again. That deadline applies only to sex discrimination cases brought under Title VII of the Civil Rights Act …

Basic problem stalls pay suit: Plaintiff made lots of money

01/01/2008

Jacqueline Bowbin sued Bulkmatic Transport Inc. for gender discrimination, alleging violations of the Equal Pay Act. In 2006, Bowbin claims, her supervisor told her she would be well into a six-figure salary with bonuses and stock compensation. But that year, Bulkmatic apparently did not award either, companywide. Bowbin cried gender discrimination …

Relying on evidence to back up termination? Don’t lose it

01/01/2008

When you catch an employee red-handed breaking a rule and you have solid evidence on your side, it seems like a no-brainer to fire him. But when you do, keep this in mind: If you lose an incriminating tape, e-mail or handwritten note, expect to lose the case …

Note to supervisors: No comments about religion and work

01/01/2008

It may seem obvious, but it bears repeating: Tell supervisors and managers to avoid discussing religion if at all possible. And never, ever use blunt terms to make an employee choose between her religion and her job. Instead, focus any discussion of religious accommodations on the company’s legitimate needs …