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Discrimination / Harassment

Firing reasons: Make sure all statements are consistent

10/01/2006

Nothing will sink a legal defense faster than inconsistent explanations from management about the real reasons for employment decisions. Before anyone makes any statements about a decision, review the facts and make sure everyone is on the same page …

Hostile work environment depends on nature of job

10/01/2006

Some jobs are more difficult than others, and employees who choose to work in tough fields may have to develop a thicker skin. When it comes to deciding whether a work site fosters a "hostile work environment," courts typically decide whether harassment is objectively abusive based on the circumstances of the worker’s job …

Labor Department settles bias claim against Irving firm

10/01/2006

McCormick & Co., Inc. recently agreed to pay $300,000 in back pay and interest to settle allegations that the company discriminated against female job applicants at its facility in Irving, Texas. As part of the settlement, the company also agreed to hire 27 female applicants for production worker positions …

Court Reversal Preserves ‘Ministerial Exception’

10/01/2006

If you’re a religious organization, don’t be intimidated by employees invoking anti-discrimination laws as a way to protest your legitimate religious mission. When it comes to how you manage religious staff, government must keep its hands off …

York County may create HR agency to handle discrimination claims

10/01/2006

Employers in York County may soon have to deal with a new anti-discrimination agency that would investigate complaints and run programs to eliminate discrimination …

‘Firing manager’ should be same one who did the hiring

10/01/2006

When you need to terminate an employee, it makes sense for the same manager who hired the employee to also pull the trigger on the firing. That bit of legal strategy—the so-called "same actor defense"—could help you defend a discrimination lawsuit down the road …

Don’t bait worker into insubordination; It’ll smell like bias

10/01/2006

Insubordination is a perfectly logical and legal reason to fire an employee. But juries will be suspicious if it looks like one of your supervisors "set up" the employee to give you a reason to terminate …

Noncitizens can’t sue for overseas discrimination

10/01/2006

In most cases, an employee who works for an American company can sue that company even when he or she works overseas. But you should be aware of important limitations, including those that cover noncitizen employees …

No federal gay-Bias law, but take note of state, Local rules

10/01/2006

While Title VII makes it illegal to discriminate on the basis of race, gender, religion, age or disability, no federal law explicitly says that you can’t fire someone just because the person is gay …

During lawsuit proceedings, Don’t inquire about employees’ immigration status

10/01/2006

If you’re facing an employment lawsuit, don’t bother probing into the employee’s immigration status during the lawsuit’s discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports that stance …