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Discrimination / Harassment

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 …

Keep track of termination notice date

11/01/2007

North Carolina employees have 180 days to file discrimination complaints with the EEOC. Those who don’t meet the deadline lose their rights to sue. But the date that really counts is not the actual termination date if the employer informed the employee earlier that she would lose her job …

Morehead City firm hit with age discrimination suit

11/01/2007

The EEOC has filed suit against Smithfield-based Guy C. Lee Building Materials, alleging the company refused to hire a boom truck operator because of his age. The plaintiff, 53-year-old Andrew Moore, applied to the company’s Morehead City facility …

UNC women’s soccer harassment suit heads to trial

11/01/2007

The sexual harassment lawsuit against Anson Dorrance, women’s soccer coach for the University of North Carolina at Chapel Hill, is headed to trial after the U.S. Supreme Court refused to hear the case …

Hiring for the nonsmoking workplace

11/01/2007

Q. May I refuse to hire a smoker? …