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Discrimination / Harassment

Ethnic name isn’t a ‘Head-Start’ to bias claim

11/01/2006

Employees whose names people associate with a particular religion, origin or ethnicity can’t automatically claim that their name led to discrimination. If that were the case, anyone with such a name would have a leg up on other employees in every discrimination case …

Race-Based assignment isn’t always discrimination

11/01/2006

It’s typically not wise to assign employees to working groups based on race, sex or any other protected characteristic. But you won’t always be liable for discrimination in such cases. Just make sure you have a valid business-based reason for doing so, and then apply that policy consistently to affected employees …

Don’t fear that settling a lawsuit will affect later case

11/01/2006

If you’re reluctant to settle an EEOC case out of fear that it will set a precedent for other claims made against your organization, here’s a piece of good news: An employee can’t base a discrimination claim on a settlement that you reached with another employee …

Reinstatement won’t erase your job-Bias liability

11/01/2006

Here’s more incentive to make correct employment decisions the first time around: A recent court ruling makes clear that employees can still sue under Title VII even if your organization quickly reverses a decision …

RIF justifications need only be ‘Reasonable’ to stand up

11/01/2006

If your organization plans a reduction in force, you can rest assured that you don’t have to prove that your method for selecting employees is the absolute best way to achieve your business goals …

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 …