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Discrimination / Harassment

Another Manhattan chef stirs up a discrimination suit

04/01/2007

A former waiter at restaurant Jean Georges, located in the Trump Towers, has filed a federal lawsuit claiming the chef de cuisine and other employees harassed him after learning he was gay …

Hospital didn’t discriminate during downsizing, court rules

04/01/2007

In reversing a lower court’s decision, the New York Supreme Court recently agreed to dismiss a race- and age-discrimination lawsuit filed against New York Westchester Square Medical Center (NYWSMC) …

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

In RIFs, Show That Economics (Not Age) Drove Your Decision

04/01/2007

Age discrimination cases are on the rise, with more employees suing under the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act …

To prevent retaliation claim, check back within weeks following employee’s complaint

04/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

Ignoring Harassment Policy Can Lead to Double-Trouble

04/01/2007

Texas employees and their attorneys have found a way around the federal caps on damages in sexual-harassment cases. Instead of going to federal court, plaintiffs sue in Texas state courts under the Texas Labor Code and add claims of negligent hiring, retention and supervision …

Seminary President Faces Suit Over ‘No-Women-in-Charge’ Rule

04/01/2007

Dr. Sheri Klouda taught biblical Hebrew at the Southwestern Baptist Theological Seminary in Fort Worth for seven years. Her tenure-track position, however, apparently derailed when a new president took over the seminary …

Instruct managers: Make and retain interview notes

04/01/2007

If your managers conduct interviews, whether by phone or live, it’s a good idea to remind them to take and keep good notes of those discussions. They’ll need them in case an applicant (or internal candidate) sues …

It’s harder for staff to block discipline using ‘Junk’ claims

04/01/2007

The New Jersey Law Against Discrimination (LAD) makes it illegal to retaliate against employees simply because they’ve filed a discrimination complaint. Employees know this law. So, all too often, employees who are having trouble at work file an internal complaint as a preemptive strike …

Keep good records of employee leaves; workers have three years to file FMLA suits

04/01/2007

It pays to keep some records longer than you think you’ll need them. For example, any notes, correspondence, medical certifications and other documents related to an employee’s FMLA leave request should be kept a minimum of three years …