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Discrimination / Harassment

‘Keep it confidential’ may let employers off liability hook

09/01/2007

You have a robust sexual harassment  policy, and everyone from the lowest level employee to the company president knows how it works. But what happens if an employee tells a supervisor about possible harassment and then asks him or her not to take it up with HR? …

Supreme Court to hear Florida FedEx drivers’ discrimination case

09/01/2007

The U.S. Supreme Court has agreed to hear an Age Discrimination in Employment Act (ADEA) case involving FedEx drivers. Employees in three states, including Florida, filed an ADEA suit against FedEx, citing policies designed to “drive out older workers” …

Frostproof gets chilled after harassment heats up

09/01/2007

The city of Frostproof has a hot-to-trot city manager, according to allegations made by a former assistant city manager. The manager apparently sexually harassed her on a business trip to Tampa. After she complained, the manager and the city gave her the cold shoulder by suspending her, cutting her pay, changing her title and even trying to have her arrested …

City settles meter reader’s race claim

09/01/2007

Port St. Lucie has settled a race discrimination claim filed by a demoted meter reader for $60,000 and a promotion. The black woman filing the suit was a meter reader supervisor when she was called away for duty in the Army Reserve. Upon returning, she found she had been demoted and a white male now held her position …

Gender-Bender Liability: More States, Cities Make It Illegal to Discriminate Based on ‘Gender Identity’

09/01/2007

Don’t fire an employee for cross-dressing or allow co-workers to harass a female worker who acts masculine until you understand your potential liability under the increasing number of “gender-identity discrimination” laws. Such laws typically prevent discrimination against workers or applicants because they don’t conform to the stereotypes of how a man or woman looks, lives or acts …

Porn at work: Don’t get into debate over what is ‘Too much’

09/01/2007

When an employee says no to the sexual images posted in co-workers’ workstations and to their sexually laced comments, your company had better listen … and act. It shouldn’t debate over “how much” porn is acceptable. As a recent lawsuit shows, even if an employee initially tolerates a sexually charged workplace, she can drop the lawsuit hammer at any time …

Don’t Ignore—or Make Light of—Harassment Complaints

09/01/2007

Remind supervisors, managers and HR staff: Don’t brush off or make light of sexual harassment complaints. Doing so can just add more fuel to the fire. When employees are ignored, they may begin to see every slight that comes their way—getting the cold shoulder at meetings or missing out on promotions—as retaliation for voicing their concerns about sexually hostile behavior. And that can make them much more likely to file lawsuits against your company …

HR investigations must go beyond supervisor suggestions

09/01/2007

When it comes to determining employee wrongdoing and setting punishment, it’s essential to use a  complete and independent investigative process. Otherwise, the company can wind up being responsible if it turns out that a supervisor who was “out to get” an employee—perhaps in retaliation for filing a discrimination claim— trumped up performance problems or other employee deficiencies …

Track all position openings and note who applies

09/01/2007

Do you keep a close record of all company job openings, how they’re posted and who responds? You should. Good records are the best way to show you didn’t purposely exclude from a promotion opportunity anyone who was qualified—or to show that they never applied in the first place …

Telling manager about special ed may trigger FEHA accommodations process

09/01/2007

California’s Fair Employment and Housing Act (FEHA) requires employers to make reasonable accommodations for an employee’s known mental disabilities. Under FEHA, something as simple as a new employee telling her manager that she has a learning disability and had taken special education classes triggers the employer’s responsibility to consider accommodations …