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Discrimination / Harassment

Scour your policies now for any traces of age discrimination

05/01/2005
Issue: A new Supreme Court ruling ratchets up your vulnerability to federal age-discrimination lawsuits.
Risk: Employees no longer need to show a “smoking gun.” Even policies that inadvertently discriminate can …

Shift assignment is your call, not the employee’s

05/01/2005

Q. We’re looking to switch an employee to a different shift, which will better serve the entire shift. Can we force an employee to change shifts even if he’s not interested? —K.C., New York

Cut your legal risks by reworking exit interviews

05/01/2005
Issue: Gaining more value from your exit interviews.
Risk: Intelligence gathered often falls into a “black hole,” so mistakes are repeated and legal land mines are overlooked.
Action: Ask …

Take same-race bias complaints seriously

05/01/2005
Don’t allow discrimination to continue simply because the “discriminator” and “discriminatee” are among the same racial minority. The EEOC is warning that it’s seeing more discrimination complaints between people of the …

Will your anti-retaliation policy pay off?

04/01/2005
When it comes to handling employee complaints of unfair treatment, you’d better have a policy and a procedure in place to handle retaliation claims.
That’s the $520,000 message a federal …

3 provisions NOT to include in your sexual harassment policy

04/01/2005
Some judges interpret policies, including those on sexual harassment, as enforceable contracts between employer and employee. To prevent charges that you didn’t live up to your side of the bargain in …

Personality tests don’t trammel constitutional rights, but beware risks

04/01/2005
Many employers use personality tests to identify job-related characteristics, such as maturity or emotional stability. But these tests can carry legal risk when applied incorrectly.
If you use personality tests, …

New law aims to stem the tide of mega class-action lawsuits

04/01/2005
Employers won a big victory when President Bush signed legislation
Feb. 18 that aims to inject more fairness in the class-action lawsuit arena. The Class Action Fairness Act of 2005 …

Terminating smokers: When there’s smoke, can you fire?

04/01/2005
Ever since media reports focused earlier this year on a Michigan company’s strict policy banning smokers on staff, many employers have asked the question: “Can we, should we, do the same?” …

Paying men more than women with the same job titles?

04/01/2005
Issue: As a new ruling shows, a female’s job must be “virtually identical” to a male’s to support an equal-pay lawsuit.
Benefit: You don’t have to fear paying different wages …