• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Protecting employment tests from legal challenges

07/01/2007

Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court …

Tell managers: Don’t require employees to speak English

07/01/2007

Warn managers and supervisors: It’s dangerous to demand that employees speak English at work! The EEOC sees restrictive English-only policies as possible national origin discrimination. What’s more, the National Labor Relations Board views such policies as possible unfair labor practices if the restriction limits the ability of employees to discuss work conditions …

Business as usual still the rule after employee complains

07/01/2007

Has an employee filed an EEOC discrimination complaint? If so, you should know that his or her attorney has probably encouraged that employee to look for any sign of retaliation—like a lowered performance evaluation, a demotion or closer scrutiny. Often, attorneys want to bolster their clients’ claims with tales of retribution. That doesn’t mean you should change the way you treat the employee …

To be safe, always double-Check supervisor’s allegations

07/01/2007

When it comes to discharging an employee, be careful not to simply accept a supervisor’s opinion of the employee’s performance. If the supervisor is effectively hiding an underlying problem with persons belonging to a protected class and you don’t check for yourself whether the employee deserves to lose the job, you may end up costing the company money …

No double recovery under federal and state law

07/01/2007

Good news for government employers: Employees who sue for discrimination under both the federal Title VII of the Civil Rights Act and the Florida Civil Rights Act don’t get to collect double damages …

No, I’m not God; I just play him on the PA

07/01/2007

Fort Lauderdale-Hollywood International Airport fired a skycap who broadcast an anti-gay message over the public address system around 1 am on May 1 …

Jury awards $160,000 for retaliation

07/01/2007

The South Florida Water Management District will pay $160,000 for firing an employee who complained of discrimination. The employee had a 31-year record of good reviews with the district until a new supervisor took over …

That’s a lot of quarters: City to pay meter reader $60K

07/01/2007

The City of Port St. Lucie will reinstate a demoted meter reader and pay her $60,000 to settle a race discrimination and USERRA lawsuit …

St. Pete man claims he was fired for sex harassment complaints

07/01/2007

A St. Petersburg forklift operator has filed suit against Kane’s Furniture, claiming he was fired for complaining about sexual harassment by a male supervisor …

Minority decision-Maker doesn’t prevent promotion bias

07/01/2007

Although it may defy logic to think that a member of a protected class would discriminate in hiring or promoting another member of the same class, having a minority decision-maker doesn’t automatically mean there’s no bias in the selection process …