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Discrimination / Harassment

Scrutinize true reasons for layoff; then banish all inconsistencies

11/01/2003
No one likes to choose among employees for company-mandated layoffs. But if you’re given this task, research and recommend choices with defensible reasons that you can back up. Don’t manufacture termination …

Federal agencies now must pay for discrimination judgments

11/01/2003
In a lot of ways, the federal government doesn’t have to play by the same rules as private employers. But a new law puts Uncle Sam one step closer to walking …

Gender gap closing a bit, but equal-pay claims still rise

11/01/2003
Reminder to employers: You may have heard that the gender pay gap is closing somewhat. But don’t slack off in your efforts to comply with the Equal Pay Act.
The …

Take ‘same race’ bias complaints seriously

11/01/2003
Issue: Managers sometimes ignore bias claims when the “discriminator” and the “discriminatee” are from the same protected group. Risk: Your organization is liable under bias claims regardless of who makes …

Play it safe: Craft policy banning supervisor/subordinate relationships

11/01/2003
Issue: Personal relationships between employees and their bosses are ripe conditions for legal trouble.
Risk: Any form of quid pro quo (“this for that”) exchange of sexual favors for job …

Firing for ‘moral issue’ is legal but unwise

11/01/2003

Q. Our church day care center hired a woman who, we later found out, was living with a married man. Our director had “moral issues” with this situation and terminated her. I think the termination was illegal. Was it? —L.T., Florida

Mind your P’s and P’s: Patience and proof are best defense against lawsuits

10/01/2003
Some managers are reluctant to discipline minority employees or others in “protected” classes. That’s not smart, and it can come back to haunt you if you don’t discipline all employees evenly. …

Employee ‘odor policy’ doesn’t pass the smell test

10/01/2003
Courts typically say that grooming policies (such as those that deal with hair or beards) violate federal discrimination law if they disproportionately affect
a protected class and if the company …

Supreme Court outlook: 4 key employment cases to watch

10/01/2003
The U.S. Supreme Court historically starts new terms on the first Monday in October. This year, for
the first time in three decades, it began work in September. Reason: to …

Beware hidden risks of rÃ??sumÃ??-scanning software

10/01/2003
Issue: Programs that scan rÃ??sumÃ??s and applications can speed the hiring process but open you to bias lawsuits.
Risk: Your system could, unknowingly, reject a disproportionate number of applicants from …