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Discrimination / Harassment

Arbitration agreements must be specific and conspicuous

01/01/2008

If, like many employers, you want to avoid the risk of a jury trial or a judge’s unpredictable decision, you may have considered requiring employees to agree to use arbitration to settle workplace disputes. But if the agreement doesn’t conform to New Jersey’s contract laws, you may end up spending time and money defending the agreement instead of arbitrating disputes …

Paulsboro High settles suit with principal over searches

01/01/2008

Paulsboro High School has settled a gender discrimination lawsuit with its former principal, Lucia Pollino, who was suspended for six months with pay in April 2007 over allegations she let students be strip-searched …

Does Title VII apply to small employers?

01/01/2008

Q. A former employee has brought a charge of racial discrimination under Title VII of the Civil Rights Act. I employ 10 people. Will I have to defend this claim? …

How to conduct third-Party investigation without tipping off alleged harasser

01/01/2008

Q. I have received a complaint from one of my employees alleging sexual harassment by a supervisor in my HR department. I want to bring in an independent investigator, but I’m concerned I’ll have to notify the subject of the investigation. I’ve heard that the Fair Credit Reporting Act (FCRA) requires me to notify employees before investigating these types of complaints through a third party. Obviously, this would make things uncomfortable for the employee who filed the complaint. Does the FCRA’s notice requirement apply to a sexual harassment investigation? …

Ability to conceive irrelevant to pregnancy discrimination

01/01/2008

The Pregnancy Discrimination Act prohibits discrimination against pregnant women and those who may become pregnant. It also makes it illegal to retaliate against these women. In an interesting twist, the actual ability to become pregnant isn’t particularly relevant as long as the employee who claims discrimination can show her employer thought she might become pregnant …

Overturning human rights commission decisions is an uphill battle

01/01/2008

When defending the termination of an employee who has filed a complaint with a local human rights commission, you must take the commission’s process seriously. Always get your attorney involved early, so you can defend yourself during the crucial initial stages. And don’t count on getting the commission’s findings overturned on appeal. Indiana courts have shown they won’t readily overrule commission conclusions …

Supervisors who say ‘What happens here, stays here’ invite retaliation claims

01/01/2008

Sometimes managers want to handle problems themselves and not involve the HR department or others in the chain of command. But telling employees to keep quiet and not complain to higher-ups actually may amount to retaliation. Threats and warnings, standing alone with no actual consequences, may be “materially adverse employment actions” when retaliation is the charge …

St. Vincent Hospital fires worker over threatening note

01/01/2008

A white environmental services attendant recently sued St. Vincent Carmel Hospital, claiming racial discrimination and retaliation. He was fired for violating the hospital’s anti-violence policy …

Indianapolis company accused of breaking Muslim sharia law

01/01/2008

HDG Mansur, a multinational property company based in Indianapolis, is poised to launch the first global real estate investment fund compliant with Islamic sharia law. But the firm has drawn complaints from a U.S. imam, Indiana clergy and unions …

Romance at the office, liability later?

01/01/2008

Q. At a recent office get-together, two members of my staff announced they were officially dating. Our company has a strict policy that prohibits dating between a supervisor and a direct subordinate, but our handbook is silent as to relationships such as this one between co-workers. Are there any steps I should take to protect the company from liability? …