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Discrimination / Harassment

Supreme Court: No Need to Investigate ‘Silent’ Victims

11/01/2006

When the U.S. Supreme Court began its new term, one of its first moves was to reject a case that could have created new responsibilities for employers in investigating sexual harassment …

U.S. Workplace Becoming More Gay-Friendly

11/01/2006

This year, 138 major corporations earned a perfect 100-percent score in the Corporate Equity Index, a measure created by the gay-rights Human Rights Campaign to track employers’ policies toward homosexuals …

‘Suspicion’ not enough to win discrimination suit

10/01/2006

Employees need more than a hunch that their employer discriminates based on age. They need some kind of proof …

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 …