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Discrimination / Harassment

Catch reverse discrimination before it becomes federal case

09/01/2007

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late …

EEOC ruled against you? Don’t simply settle

09/01/2007

In EEOC hearings, employers get a chance to defend their actions, and the agency often concludes that the employer did no wrong. But what about instances when the agency sides with the employee? Should you immediately accept defeat and settle the case? Not if you’re settling because you’re worried that the EEOC decision might become part of a federal lawsuit …

Be prepared to back up cost of religious accommodations

09/01/2007

You can’t just use a blanket statement (e.g., “granting time off will be expensive”) to deny a request for religious accommodation. You must be prepared to show the actual cost of the accommodation. That’s true even if giving someone the Sabbath day off means having to hire another employee to cover the time …

Hair today or gone tomorrow: It’s up to employee to mention religion

09/01/2007

When it comes to accommodating religious practices, employers aren’t required to be clairvoyant. If an employee wants you to accommodate a religious practice or objects to a work rule because it interferes with his or her right to practice religion, the employee has to let you know how practicing the religion precludes following the rule …

The long and short of it: Do different grooming policies equal discrimination?

09/01/2007

Q. We have a company policy requiring male employees to keep their hair cut short. One worker says we can’t force him to cut his hair because we don’t tell female workers to do the same. Is this true? …

Does grooming policy interfere with religious belief?

09/01/2007

Q. Can we require a job applicant to cut his hair as a condition of employment even if he alleges that his religion forbids him from cutting his hair? …

How to handle ‘No-Match’ letters: New rules go into effect on Sept. 14

08/19/2007

The Department of Homeland Security just published final regulations that provide guidance to employers on how to respond to "no-match" letters, which notify employers of discrepancies with employees’ Social Security numbers. If you follow those steps correctly, you’ll earn immunity from penalties if illegal workers are found at your business. How can you comply? Read on.

Employee can’t work well with others? Document that claim!

08/07/2007

Do you have an employee who doesn’t seem to be getting along with anyone? Has he complained about discrimination or some other supposed wrongdoing? If so, document the problems. If you don’t, you create legal risks …

Will Congress give workers more time to file discrimination claims?

08/06/2007

The House voted last week to reverse a three-month-old U.S. Supreme Court decision that set a strict time limits for filing pay-discrimination claims. Do you have to worry about this bill winning final approval? Here’s the answer …

Employees must file discrimination cases within 180 days

08/01/2007

n a 5-4 ruling, the U.S. Supreme Court has handed employers a major victory. No longer will you have to worry that an employment decision you made years—even decades—earlier will come back to haunt you …