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Discrimination / Harassment

EEOC proposes age-bias exemption for retiree health plans

09/01/2003
In an effort to stem the tide of companies discontinuing health benefits to retirees, the EEOC has proposed ex-empting retiree health plans from the Age Discrimination in Employment Act (ADEA).
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Even ‘harmless’ banter can create a hostile environment

09/01/2003
Issue: A new ruling lowers the bar on what courts consider sexual harassment.
Risk: Allowing “boys to be boys”, even if they don’t target anyone for abuse, can now cost …

O-V-E-R-Q-U-A-L-I-F-I-E-D can spell ‘lawsuit’

09/01/2003
Issue: With the job market flooded with experienced and skilled people, the temptation rises for hiring managers to use “overqualified” as a weeding-out method.
Risk: Courts could view your use …

Never assume pregnancy will affect employees’ ability to work

09/01/2003
Issue: It’s up to pregnant employees to decide if pregnancy or maternity will prevent them from performing their jobs.
Risk: Liability for up to hundreds of thousands of dollars in …

Tap new EEOC Web site for investigation insight

09/01/2003
The EEOC is coming after you for workplace discrimination. Now what? One good source, surprisingly, is the EEOC’s own site, which now offers a section titled “EEOC Investigations, What an Employer …

Post all job openings in-House

09/01/2003

Q. We typically don’t post high-level management openings internally. Should we? —K.L., California

You can require mandatory overtime

09/01/2003

Q. A new employee has just informed his supervisor that he can’t work any overtime. Can we legally fire this person? —G.M., Virginia

Dump strict English-only policy; EEOC cracks down

09/01/2003
Issue: Requiring employees to speak English can be legally risky.
Risk: Overly broad or misguided policies can trigger a national-origin discrimination complaint …

Perform ‘spot check’ for offensive pictures, calendars

09/01/2003
The EEOC recently slapped a Pennsylvania steel plant with a sexual harassment lawsuit. The alleged crime? It “condoned sexual harassment” by allowing some employees to post erotic pictures, posters and calendars …

‘Free speech’ no protection to workers

08/01/2003
The next time an employee argues that he has a First Amendment right to say whatever he wants at work, wear a T-shirt with a controversial message or display …