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Discrimination / Harassment

Don’t write wishy-washy policies that make it hard for staff to comply

06/01/2004
Your employment policies should never leave employees guessing about how they must comply.
That’s why it’s vital to use concrete terms in your
policies that discuss employee behaviors and …

You can trim health benefits for Medicare-eligible retirees

06/01/2004
If your organization offers health insurance to retired employees, an important new Equal Employment Opportunity Commission (EEOC) ruling says you can reduce or eliminate those benefits after the ex-employee becomes eligible …

Supreme Court expands filing window in ‘Section 1981’ cases

06/01/2004
The U.S. Supreme Court last month set a four-year statute of limitations in so-called “Section 1981” discrimination cases.
While most employees file discrimination cases under Title VII of the Civil …

Interviewing: Sharpen skills to stamp out hiring bias

06/01/2004
THE LAW. Job interviews are a legal minefield for HR people and managers. Your questions must avoid stepping on federal and state equal employment laws that ban discrimination on the basis …

Cross-dressing at work isn’t protected by law.

05/01/2004
A hospital fired an ER doctor for violating its gender-specific dress code. The doctor had continued to wear nail polish, cosmetics and “visible female undergarments” after being warned that his appearance …

Parenthood: Walk the fine line between accommodation & bias

05/01/2004
Even if your state or local laws protect employees based
on their “marital status” or “family responsibilities,” that
doesn’t mean parent/employees can create their own schedule. You can still …

To avoid ‘glass-ceiling’ lawsuits, study fairness of pay, promotions

05/01/2004
Glass-ceiling lawsuits, in which women or minorities claim they’re prevented advancement beyond a certain point, are tough to prove, but not impossible. If an employee can show a pattern of discrimination, …

Baseless claims won’t trigger anti-retaliation protection

05/01/2004
While it may be tempting, avoid firing employees in reaction to their in-house complaints or lawsuits, even if you think the charges are without merit. Reason: A jury will likely see …

Return pregnant employee to equivalent job

05/01/2004

Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position? —J.B., North Carolina

Can you ban males from ‘female-focused’ jobs?

05/01/2004
Issue: Some employers want to create male-only or female-only positions, often for privacy reasons.
Risk: You risk a discrimination lawsuit if this policy doesn’t have a sound business reason …