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Discrimination / Harassment

Supervisors need to know: Honest performance assessments essential

12/01/2007

Many discrimination lawsuits are the direct result of poor performance appraisal processes. A supervisor who is eager to maintain a cordial and productive workplace may hold back on legitimate criticism to avoid rocking the boat. This tactic can backfire badly once a new supervisor begins enforcing productivity rules and downgrades an employee previously rated “stellar.” If that employee is also a member of a protected class, look out …

After verdict flip-Flops, state wins pay restructuring case

12/01/2007

Madison State Hospital had a nursing shortage on its night shift. To solve the problem, the state of Indiana commissioned a compensation study that helped it decide to raise the wages it paid to night shift nurses. Karen Ferguson, a nursing supervisor, filed a complaint with the State Employees’ Appeals Commission (SEAC), claiming that in many cases night nurses earned more than nursing supervisors …

Indianapolis FD settles to put out sexual discrimination fire

12/01/2007

The Indianapolis Fire Department has agreed to pay $350,000 to settle a sexual discrimination suit filed by a female captain. The captain claimed she was harassed, unjustly disciplined and not considered for promotion …

Religious accommodation and seniority

12/01/2007

Q. We are a nonunion plant that uses a seniority-based bidding system for work shifts. A recent hire has complained that due to his lack of seniority, he is consistently being scheduled to work on Saturday, which is his Sabbath. Do we have to accommodate his religion by honoring his request to never work on Saturdays? …

Document problems caused by ‘Difficult personalities’

12/01/2007

Difficult employees may be sensitive to perceived discrimination—especially if they also happen to be members of a protected class such as race, sex or national origin. They may think they have to work harder and appear smarter than others. If they lose a plum assignment, that may be enough to spur a discrimination lawsuit. That’s one reason you should carefully document how you handle easily bruised egos …

Got wind of harassment? Fast action can cut liability

12/01/2007

We all would like to believe harassment and discrimination can’t happen where we work. Of course, we’re dreaming if we do. Ordinary people sometimes fall back on old stereotypes or react strongly to newly perceived dangers by inappropriately striking out at a group or nationality. Fortunately for employers, isolated acts of harassment, if stopped dead in their tracks, won’t come back to haunt them years later …

Be prepared to cite skills to explain wage disparity

12/01/2007

Because the U.S. Supreme Court ruled earlier this year that employees must make wage discrimination claims right away, it’s more likely than ever that employees who find out they are making less than a newcomer of a different race, sex or national origin will seek legal counsel. That’s why you must be prepared to explain each and every wage difference with solid business-related reasons …

Analyze talents, needs before transfer

12/01/2007

Employers are generally free to transfer employees where their skills can be best utilized. Of course, some employees resist such moves, especially if these actions are perceived as undesirable transfers or even demotions. That’s why, for every transfer, you should make a clear assessment of who has what skills and talents …

Pilgrim’s Pride to pay $1 million to 5,300 applicants

12/01/2007

The nation’s largest poultry producer—Texas-based Pilgrim’s Pride Corp.—recently agreed to pay $1 million to settle allegations that it discriminated on the basis of sex and ethnicity in hiring …

New I-9 form plus no-Match letters complicate hiring process

12/01/2007

The U.S. Citizenship and Immigration Services (USCIS) has just released a revised Form I-9, Employment Eligibility Verification, for immediate use and a new M-274, Handbook for Employers, Instructions for Completing the Form I-9 …