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Discrimination / Harassment

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 …

Check the validity of reasons behind a supervisor’s call for firing

07/01/2004
If you’re involved in termination decisions, don’t always take supervisors’ comments at face value. Consider doing your own investigation before taking action. Your goal is to independently verify the information you’re …

Stereotype about motherhood, by itself, can count as bias

07/01/2004
Remind managers never to base employment decisions on how they believe employees would act based on their gender, race, religion or disability. Make sure managers focus solely on the performance itself, …

Don’t let employees bully you into dictating their employment terms

07/01/2004
You don’t need to let an employee set a bad example by trying to force concessions from you that aren’t required in a collective-bargaining agreement or employment contract. Turn the tables …

Beware legal pitfalls of rehiring ex-workers, laid-off staff

07/01/2004
If your organization pared back during the economic slide, you may be joining other employers that are rebuilding their staffing levels.
More employers expect to pick up the hiring pace …

Pay attention to rising complaints of ‘same-race’ bias

07/01/2004
Issue: Courts are seeing a spike in discrimination claims involving people of the same race.
Risk: Some supervisors wrongly ignore same-race complaints, believing, for example, that “blacks can’t discriminate against …

More reason to stop harassment: Even ‘resignees’ can sue

07/01/2004
Issue: Whether employees who resign have the same right to file harassment lawsuits as those who are fired. Risk/benefit: A new Supreme Court ruling says “Yes,” quitters can sue. But …

What’s the cost of a chair? A lot less than a lawsuit

07/01/2004
Issue: Minor squabbles between employees and supervisors escalating into illegal “discipline.” Risk: If left unchecked, they can escalate, resulting in discrimination or retaliation claims. Action: Use the following case …