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Discrimination / Harassment

Be Aware of Little-Known Contract-Bias Law … and Its Limits

04/01/2006

If your organization signs contracts for goods or services, it’s important to educate yourself on a little-known federal law that can easily trip you up: the "Section 1981" law …

Small Employers: Introduce the ’15-Employee Threshold’ Defense Early

04/01/2006

The federal job anti-discrimination law (Title VII of the 1964 Civil Rights Act) applies to employers with 15 or more employees. So, if you have fewer than 15 workers, you may think you’re automatically immune from such suits. Not so fast, says a new Supreme Court ruling …

More reason to beef up training: ‘Quit and sue’ becoming the norm

04/01/2006

Don’t assume that you can handle sexual harassment issues after they arrive on your desk as a complaint. The trend these days seems to be "quit and sue," rather than giving employers a chance to fix the problem. And, in many cases, employees are finding success in such tactics …

Asian-American workers: Beware bias, immigration scrutiny

04/01/2006

Following 9/11, the EEOC paid particular attention to employment-discrimination backlash against employees who appeared to be Muslims or of Middle Eastern or South Asian ancestry. But now that effort appears to be broadening. Until recently, the EEOC didn’t view job discrimination against Asian-Americans as a widespread problem. But a new survey changed all that …

 

Design smoker surcharges to cut costs, preserve morale

04/01/2006

More employers are increasing health premiums for smokers as a way to cut health costs. Such surcharges can trim costs, but implementation mistakes can alienate employees and hurt morale. Use the following tips to design smoker surcharges that reduce the most costs with the least employee backlash …

Basing pay on past salary alone may spark a legal claim

04/01/2006
Issue: Employers often set new hires’ wages, in part, based on salaries at previous jobs.
Risk: A new court ruling says you could run afoul of the Equal Pay Act …

Nonrenewal of Contract After Whistle-Blowing May Be Illegal

03/01/2006

Don’t assume that just because you hire people as independent contractors, you can’t be liable for wrongful termination if you don’t renew their contracts. As a new court ruling shows, if an employee blows the whistle about some potentially illegal activity at your workplace, you could trigger a retaliation lawsuit by failing to renew his or her contract …

Fighting a unionization effort: do’s and don’ts

03/01/2006

Union membership has fallen dramatically in recent decades, but the labor movement is far from dead. The biggest change: In 2005, the breakaway "Change to Win" movement seized control over one-third of the powerful AFL-CIO’s unions. Change to Win lured the unions away by promising to shift the focus from political activism to organizing as many U.S. employers as possible. Is your business next? …

Be wary of disciplining for false complaints

03/01/2006
Q. We have an employee who has filed several sexual harassment complaints. But when we investigate, they turn out to be false. Can we do something about her? —J.P., Oklahoma

Steer Clear of ‘Take It or Leave It’ Early-Retirement Offers

03/01/2006

If you plan to lay off employees, structure early-retirement offers carefully to avoid age-discrimination lawsuits. In particular, avoid making "take-it or leave-it" offers that force employees to choose between resigning with a severance package or being terminated …