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Discrimination / Harassment

OK to discipline complainer who doesn’t perform

11/01/2007

Sometimes, the wrong messenger delivers bad news. That’s what happens when a poorly performing employee comes forward with a discrimination complaint. If your investigation finds that the complaint has merit, but you decide you need to fire the worker anyway, how should you proceed? Aren’t you just guaranteeing you’ll be hit with a lawsuit? …

Oral settlement agreement may be binding even if the specifics are unclear

11/01/2007

When it comes to settling New Jersey employment lawsuits on the eve of trial, be forewarned: Understand all the terms of the agreement before you tell the court the matter is settled. Don’t expect to come back to court for a do-over when you later can’t agree on some of the terms. In New Jersey, a deal is a deal—even if it isn’t in writing …

New Jersey employers make Best Places to Work for GLBT

11/01/2007

Eight New Jersey employers made the 2007 Best Places to Work for GLBT Equality, a ranking of employers’ policies toward gay, lesbian, bisexual and transgender (GLBT) employees. The Human Rights Campaign publishes the list annually …

Supreme Court’s Ledbetter decision could affect your pay policies

11/01/2007

In May 2007, the U.S. Supreme Court announced its decision in Ledbetter v. Goodyear Tire & Rubber Co. Inc., a case that limits the potential liability of employers in wage discrimination claims brought under Title VII. New Jersey employers should bear in mind that Ledbetter was decided under Title VII—the federal statute governing employment discrimination claims. Although New Jersey state courts often look to federal decisions for guidance, it is uncertain how Ledbetter will be applied in a state court action involving the New Jersey Law Against Discrimination …

Gender identity and dress codes for males and females

11/01/2007

Q. The company I work for has had an employee dress code since the company was incorporated. Recently, a male employee began coming to work dressed as a woman. His supervisor asked me if this violates the dress code. If so, can the supervisor require the male employee to dress according to the dress code for males and discipline him if he doesn’t? …

Leave-Of-Absence accommodation and the New Jersey Law Against Discrimination

11/01/2007

Q. I have an employee who has a handicap, as that term is broadly defined under the New Jersey Law Against Discrimination (NJLAD). It would not qualify as a disability under the ADA. I know that a reasonable accommodation under the ADA can include a short leave of absence. In the absence of an ADA disability, do I have to provide a leave of absence as an accommodation for a handicap under NJLAD? …

You can hold supervisors to higher standards than others

11/01/2007

You don’t have to treat supervisors the same as other employees if they break the rules. As the following case shows, supervisors who get into physical fights with subordinates can and should be fired—even if you simply discipline co-workers who get into similar confrontations at work …

Cut lawsuit risk by filling vacant position with similar person

11/01/2007

Employees who lose their jobs often look for sinister underlying reasons—such as discrimination. That’s why you should think about a strategy to minimize the chance a disgruntled employee will win a discrimination lawsuit. Here’s one way: Fill the vacant position with someone from the same protected class as the terminated employee …

Act fast when chronic complainer has real gripe

11/01/2007

We’ve all dealt with employees who constantly make petty complaints about others. We’d rather just ignore the litany, but that’s probably not the best course of action. Buried beneath the nonsensical complaints may be a genuine one—one that requires prompt action. As the following case shows, acting right away when a legitimate gripe surfaces can mean the difference between a lawsuit and the same case being dismissed before it ever gets to trial …

You can mandate respectful behavior, discipline violators

11/01/2007

It’s a stressful world out there, and workplace tension can make matters worse. That’s one reason you may want to consider instituting a civility code at work. Then, if an employee is rude, overbearing or downright offensive, don’t hesitate to discipline her …