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Discrimination / Harassment

Base light-duty policy on business necessity; enforce it consistently

08/01/2004
Employers are very leery about firing pregnant employees, and rightly so. But don’t let your lawsuit fears paralyze you from taking legal, appropriate actions.
In short, federal law requires that …

Violent reaction from boss may trigger retaliation lawsuit

08/01/2004
If workers want to bring retaliation lawsuits against their employers, they must prove they suffered an “adverse employment action,” such as being fired, threatened or denied a promotion. But a court …

Resumes that scream ‘I’m healthy’ can sicken hiring process

08/01/2004
Applicants will slap anything on their résumés if they think it will attract the recruiter's eye. So, recognizing the soaring cost of health insurance, more applicants are adding a Health Profile …

Managers’ anti-mom stances can count as discrimination

08/01/2004
Issue: Managers who make assumptions about employees’ abilities to perform the job during and after pregnancy. Risk: A manager’s offhand remark …

You now can bar ‘friends’ from discipline inquiries

08/01/2004
Issue: When you interview employees about potential misconduct, can they bring a co-worker to the meeting? Benefit: A federal labor panel …

You can land in trouble for trying to stop harassment

08/01/2004
Issue: Can you encourage employees to report on-the-job harassment from union organizers? Risk: Your efforts may be viewed as an illegal union-busting …

Wal-Mart bias case will give employees bad ideas

08/01/2004
Now would be a good time to review your organization’s hiring, firing, promotion and pay policies for any hint of gender-based differences. Reason: The big Wal-Mart sex discrimination lawsuit that hit …

High court gives ‘quitters’ new legal power

07/01/2004
Don’t make the mistake of assuming that your obligation to investigate a harassment complaint ends when the victimized employee quits.
Reason: The U.S. Supreme Court just ruled that employees who …

Can employees harass co-workers in the name of ‘creativity’?

07/01/2004
If your workplace has a “creative” side to it, listen up: A court has ruled for the first time that you can defend a sexual harassment claim by arguing a “creative …

Intentional bias can spur court to install applicant into job.

07/01/2004
A school district hired a man rather than Geraldine Fuhr as varsity boys head basketball coach. While the man had two years of experience, Fuhr had been the varsity girls head …