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Discrimination / Harassment

‘Creative workplace’ defense won’t beat harassment suit

11/01/2004
Issue: A court ruling said sitcom writers have a “creative necessity” to engage in overtly sexual banter.
Risk: While the TV network was allowed to use this defense in a …

Accommodate religious requests; don’t argue ‘sincerity’ of beliefs

10/01/2004
Federal anti-discrimination law says you must offer reasonable accommodations to employees’ “sincerely held religious beliefs or practices,” as long as the accommodation wouldn’t place an undue hardship on your organization. But …

Keep an open mind in investigations; juries will punish ‘kangaroo courts’

10/01/2004
Keep an open mind in investigations;
juries will punish ‘kangaroo courts’
When investigating a sexual harassment complaint, don’t rush to judgment, and don’t allow supervisors to sidestep any steps …

Severance pacts can’t ask employees to waive their rights to EEOC claim

10/01/2004
Make sure your severance agreements don’t require employees to waive their rights to file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC).
Why? As opposed to a …

Supreme Court starts new term; age-bias case tops slim HR agenda

10/01/2004
The U.S. Supreme Court opens its new session Oct. 4, but so far, employment issues are taking a back seat to cases ranging from juvenile executions to wine trading. Expect the …

Beware growing risk of minorities’ sex harassment claims

10/01/2004
Heads up: African-American, Asian and Hispanic women are more likely to file sexual harassment charges than in the past, according to a National Partnership for Women & Families study of data …

What do you do when the big boss is a harasser?

10/01/2004
Issue: How to handle harassing behavior by your organization’s top dogs. Risk: Going easy on them will come back to haunt you; courts hold higher-ups to a higher standard than …

Review insurance policies for legally dangerous exclusions

10/01/2004
Issue: A poorly worded insurance policy can spark age discrimination lawsuits. Risk: If your policy excludes members of a protected class (age, race, gender, etc.)…

Juries punish rushed investigations; keep an open mind

10/01/2004
Issue: Following correct protocol when investigating harassment complaints. Risk: Courts will slap organizations with big punitive damage awards …

Don’t be afraid to face down a harassing CEO

09/01/2004
It’s easy to tell a mail clerk to knock off his harassing comments, but try telling the same thing to your CEO or other top dog. The truth is, though, that …