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Discrimination / Harassment

Make it a policy: Civil behavior required at work

11/01/2007

Although employers can’t guarantee a stress-free work environment, it makes sense to eliminate as much unpleasantness as possible. That means establishing and enforcing “no hazing” and “no public argument” rules. Urge supervisors and co-workers who act like bullies to clean up their acts …

EEOC charges LAFD with discrimination—Again

11/01/2007

The EEOC has brought new charges against the Los Angeles Fire Department (LAFD), charging it with subjecting black and female firefighters to a “pattern and practice” of discrimination, harassment and retaliation. It’s not the first time the department has been under fire …

Use cutoff point on promotion list to lessen legal risk

11/01/2007

To lower the risk of a failure-to-promote lawsuit, consider creating a cutoff point on your internal promotion list. For example, instead of considering all 15 potential candidates for an open position, consider just the top three. The disappointed candidates lower on the list will have a tougher time getting to court …

Require special credentials for foreign hires? Tell applicants

11/01/2007

Applicants from other countries or who were educated abroad pose special problems for HR professionals. For example, can you be sure their education and training are as good as that of U.S.-educated applicants? One way to find out is to require a credentialing company to certify the applicant’s educational equivalence. But if you go that route, make sure you inform applicants about the requirement …

Aging work force requires vigilance against discrimination

11/01/2007

As baby boomers age, more Americans say they expect to keep working longer than their parents did. That means more older job applicants—and more age-related lawsuits. Defend against this coming onslaught by taking extra care to document your disciplinary decisions to make sure age isn’t a factor …

Religious freedom act doesn’t apply to employment

11/01/2007

Good news for federal employers: The Religious Freedom Restoration Act (RFRA) doesn’t give your employees additional rights to practice their religion. Instead, when an employee claims an employer’s grooming policies interfere with his right to practice his religion, only Title VII applies …

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 …