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Discrimination / Harassment

Pursue claims, even if complaining worker backs off

07/01/2003
Issue: Courts place the burden on employers to complete investigations of sexual harassment complaints, even in the face of reluctant complainants.
Risk: Failing to pursue complaints actively will come back …

Investigating workplace harassment: 10 steps to success

07/01/2003
Issue: Responding to employee harassment complaints is a high-stakes venture.
Risk: A botched investigation can damage employee moral and spark a lawsuit.
Action: Make sure you (or any manager …

Keep data on employees’ race separate

07/01/2003

Q. We have all new employees fill out a data sheet. Is it OK to ask for race on this form? —J.M., Nevada

Managers can refuse bias-tainted orders, court says

07/01/2003
Issue: Courts won’t consider a manager “insubordinate” for ignoring a boss’s order if the manager believes the order is discriminatory. Risk: Increases danger of retaliation …

Here’s more reason to reinforce anti-bias policy

07/01/2003
If it’s been awhile since you’ve reminded employees about your anti-discrimination policy, now’s a good time. Why? A big U.S. Supreme Court ruling last month makes it easier for workers to …

Require medical exams only for clear job reasons

06/01/2003
Demand that managers give higher-ups clearly articulated business reasons for any impromptu medical tests they want employees to take. Often, courts will see these …

Forcing a resignation kills your legal defense

06/01/2003
Here’s even more incentive to end harassment at the earliest opportunity: A new court ruling says employers could give up their best defense in court if they allow workers to suffer …

Beware legal risks of using school transcripts in hiring

06/01/2003
Worried that poor grades and lax attendance might spell an employment risk, more employers are requesting applicants’ school transcripts. Our advice: …

Keep salaries gender neutral; pay gap widens at top levels

06/01/2003
Heads up: Pay equity is in your hands; make sure salaries are always gender neutral. Reason: Women are less likely than men to reach the highest salary brackets, according to …

Do you need insurance against employee lawsuits?

06/01/2003
Consider these stats: More than one-fourth of civil lawsuits filed last year were employment related, and the average jury award in employment cases is approaching …