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Discrimination / Harassment

Can you require employees to speak English around customers?

12/01/2005

A narrowly tailored English-only policy that is designed to serve legitimate business needs is not discriminatory, says the EEOC. To be valid, the policy should spell out when English is required and let employees converse in any other language at all other times …

Harassment victims aren’t immune from discipline; document actions

12/01/2005
Retaliating against employees for filing harassment complaints is an obvious no-no. But that doesn’t mean employees automatically earn a “Do not touch” label …

You won’t be liable for employees’ conjecture about discrimination

12/01/2005
You can’t stop employees and low-level supervisors from comparing notes and speculating about management’s motivations; the right to complain is practically …

Keeping confidential info secret: Lessons from the Wal-Mart leak

12/01/2005

Wal-Mart execs were wearing egg on their faces last month, and possibly facing legal action, after news media published an internal memo in which a senior VP suggested "clever" ways to cut benefit costs …

Look into all bias complaints; even ‘nontargets’ can sue

12/01/2005
Issue: Employees who are negatively affected by workplace discrimination can file lawsuits, even if they aren’t the targets.
Risk: The EEOC is encouraging such whistle-blower suits, which opens a new …

What to expect when an employee is expecting

12/01/2005

Both federal and state laws grant pregnant employees special rights in the workplace. Here are some key points for managers to remember.

Long delay seldom sinks lawsuits; retain records until case is resolved

11/01/2005

If you know an employee has filed a complaint with the EEOC or state anti-discrimination agency, don’t trash any relevant records until you receive official notification that the case has been resolved and won’t be appealed …

Unions: Brace for renewed organizing in wake of union rift

11/01/2005
THE LAW. The 1935 National Labor Relations Act gives employees the right to organize, bargain collectively and strike. In the 1940s, Congress
tried to correct union abuses of power by …

Denying leave may be legal, but unwise, for small firms

11/01/2005

Q. We had a full-time RN request time off to be with her husband who experienced a heart attack. We’re a small medical center with 25 employees. Administration was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had lots of sick time and vacation time in the bank. Can the company do that? —D.B., Pennsylvania

Beware growing liability risk: harassment by customers

11/01/2005
Issue: Courts are cracking down on employers that tolerate customer harassment of foreign-born employees.
Risk: Supervisors sometimes are more lenient with harassment by customers than by employees. That’s a big …