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Discrimination / Harassment

California’s sexual harassment training requirements: The final word

10/01/2007

If you’ve been looking for definitive guidance on California’s Sexual Harassment Training Law (AB 1825), it’s finally here. The Fair Employment and Housing Commission issued final regulations implementing this first-in-the-nation law on April 23, and the Office of Administrative Law approved the regulations on July 18. The regulations include specific direction on the type, length and frequency of harassment training that California employers must provide to their employees …

FMLA and PDA don’t preclude parents from travel

10/01/2007

When it comes to special consideration for parents, the FMLA and the Pregnancy Discrimination Act provide limited protection. Employees expecting a child or with child care responsibilities are entitled to unpaid FMLA leave, and pregnant women can’t be discriminated against because of pregnancy. That doesn’t mean, however, that you can’t require reasonable travel and punish those who refuse if they aren’t taking FMLA leave or don’t have any pregnancy complications that prevent travel …

Track complaints, punishment by protected characteristics

10/01/2007

When it comes to discipline, equal is better. Don’t treat one employee more harshly than you would another, but don’t shy away from punishing employees who deserve it either. The key is to track complaints and punishments so you can easily show that race, age, sex or some other protected characteristic had no influence on your disciplinary decisions …

Confusing work rules can become evidence in court

10/01/2007

When you fire or otherwise discipline an employee for breaking a work rule, can you show he knew about the rule? What about his co-workers and supervisors? Did they interpret the rule the same way? If not, you may have a hard time justifying disciplining one employee for breaking the rule …

NJLAD gives employees two years from discharge to sue for discrimination

10/01/2007

New Jersey law provides more time than federal law for employees to sue their employers for discrimination. The New Jersey Law Against Discrimination (NJLAD) allows employees to make discrimination claims up to two years following termination, longer than under the federal Title VII of the Civil Rights Act. That means employees who miss their EEOC filing deadline for federal claims still can sue under state law …

In New Jersey, even employee’s spouse can bring lawsuit—For indirect damages

10/01/2007

Need another reason to train supervisors and managers not to discriminate? Here’s one: In New Jersey, an employee’s spouse can join in a lawsuit alleging intentional infliction of emotional distress caused by an employer …

Class-Action suit could cost French firm over $300M

10/01/2007

Sanofi-aventis U.S., the American branch of a French pharmaceutical group, has been hit with a class-action sexual discrimination and harassment lawsuit. The four plaintiffs claim they were paid less and not promoted because of their gender. The women also say their bosses made unwelcome sexual comments and gestures, and management did not respond when they complained …

H-1B visa abuse costs Iselin tech company back wages, penalties

10/01/2007

The U.S. Labor Department has ordered Technologies500, of Iselin, to pay $537,189 in back wages to 36 computer programmers it hired under the H-1B visa program. The software company, also known as Cybersoftec.com, failed to pay the workers prevailing wages from January 2004 to November 2005. The department also levied fines of $162,750 …

It’s OK to Force Admin Leave Pending Fact-Finding

10/01/2007

Sometimes, serious allegations—possible theft, sexual or racial harassment or violence—surface against employees. How you respond can be crucial to limiting your organization’s liability. The best response may be calling a timeout in the form of administrative leave pending an investigation. You can safely do so without fear that the move will generate even more litigation from a suspected wrongdoer …

Isolated incident or slight doesn’t add up to retaliation

10/01/2007

No matter what you do, the workplace will never be free of tensions and annoyances. Although it’s a good idea to encourage courtesy and cordiality, you don’t have to worry that every little slight might come back in the form of a lawsuit …