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Discrimination / Harassment

When and how you can use ‘English-Only’ rules in the workplace

05/01/2007

Philadelphia landmark Geno’s Steaks made headlines when it posted a sign that reads, “This is America. When ordering, please speak English” … Although the Geno’s case deals with an attempt to apply an “English-only” rule to customers, it highlights a growing issue in U.S. workplaces …

Does health insurance discriminate against single or childless workers?

05/01/2007

Q. My company pays health insurance for all spouses, children and domestic partners of my co-workers. I am single and don’t have children or a domestic partner. Am I being discriminated against since they receive more benefits than I do?

Do a Passed-Over Worker’s Complaints Against a New Boss Count as Harassment?

05/01/2007

Q. A more senior employee was recently passed over for a promotion because a newer employee is clearly more qualified. Now that this person is the boss, the more senior employee has filed several petty complaints against her. Although we are aware that these complaints are completely invalid, as the HR department, we have to take them seriously. But it is a shame for the new supervisor to have the complaints piling up in her file. Is this considered harassment?

Personal liability for HR professionals?

05/01/2007

Q. I know that my company can be sued by my current and former employees for its employment actions. Do I, as an HR professional, have personal liability for my participation in employment decisions?

How to discuss late hours without bringing up family obligations

05/01/2007

Q. We have a position open in our sales department for someone who will be planning and executing company-sponsored events, most of which would take place outside normal 9-to-5 working hours. Is there a way we can ask about the applicants’ family situations and make it clear that missing these events because of family obligations would not be tolerated?

Manager who did the hiring also should do the firing

05/01/2007

It may be a good idea to track who in your organization makes the decisions to hire specific employees. That way, those managers can also be part of the decision to discharge employees who turn out to be duds …

Pick qualification standards and stick with them

05/01/2007

Sorting through candidates for promotion? Make sure you apply the same education and experience standards to all of them. If you don’t, chances are at least one spurned candidate will consider a lawsuit …

Report EEOC claims or lose insurance coverage

05/01/2007

The U.S. District Court for the Northern District of Texas has dismissed a lawsuit filed by an employer against its employment practices liability insurance company because the employer didn’t tell the insurer about an EEOC complaint right away …

Employ ‘Casual’ Workers? Stem Discrimination Lawsuits by Tracking Assignments You Offer

05/01/2007

If you regularly hire “casual” workers for short assignments, it’s a good idea to keep careful track of the assignments you offer. You should monitor and record how many assignments each worker accepts and rejects …

Good-Faith Discrimination Complaints Under the LAD

05/01/2007
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