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Discrimination / Harassment

Discipline process doesn’t have to be ‘Right,’ just honest

08/01/2007

If every decision you made on the job when disciplining employees had to be based on absolute truth, the workplace would be paralyzed. So it should come as some comfort to know that courts don’t require you to be 100% correct …

Before discharge, investigate supervisor’s claims

08/01/2007

If you don’t want to subject your organization to liability for a supervisor’s biased or discriminatory discipline recommendations, conduct at least a brief independent investigation …

Establish promotion criteria to discourage lawsuits

08/01/2007

If your organization is like many, employees anxious to move up the ladder covet promotions. But if you have no clear-cut standards or easy-to-explain criteria, lawsuits lurk behind every unqualified, but passed-over, employee …

Make sure you can track when downsizing decision was made

08/01/2007

Employees suddenly confronted with unpleasant alterations in their duties, responsibilities or schedules may look for reasons to avoid making the change …

Not all workplace affairs create a hostile environment

08/01/2007

While they may make other employees uncomfortable and probably shouldn’t be encouraged, affairs between co-workers (or even between supervisors and subordinates) don’t always mean the rest of the work force is laboring in a hostile work environment …

Strong ‘No violence’ policy relies on enforcement

08/01/2007
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Medical assessments should stick to the job, not generalities

08/01/2007

If the ability to perform certain physical tasks is absolutely essential to one of the jobs in your workplace, tread carefully when it comes to medical evaluations. The ADA makes it illegal to “regard” persons as disabled …

Wrongful termination scores $329,000 for Sonoma State coach

08/01/2007

A California jury has awarded more than $300,000 to a former Sonoma State University softball coach who claimed that she was wrongfully fired ….

Investigation should consider all sides of the story

08/01/2007

Not every allegation of sexual harassment is well-founded, and some employees may be overly sensitive. That’s why your investigation should consider all sides, including the alleged victim’s reaction and treatment of the alleged harasser. As the following case shows, a thorough investigation may reveal that the problem is with the alleged victim’s perception and his or her response to the alleged harassment …

Even after election, you still need solid reason to discharge nonsupporters

08/01/2007

It’s a practice as old as politics: When there’s a newly elected sheriff in town, deputies left over from the old administration may lose their jobs. But if you’re the HR professional handling the changes, make sure you know which employees can be dismissed and which cannot be merely because of their political affiliation. As the following case shows, public employees in nonpolicy positions are protected from post-election bloodbaths …