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Discrimination / Harassment

Blonde hair won’t earn employees Title VII proctection.

07/01/2003
A female worker with blonde hair sued her employer, claiming that her boss’s comments about her tresses were sexist and sexual. A district court ruled that the comments, …

Mentioning employees’ body odor isn’t discriminatory.

07/01/2003
A Muslim IT manager sued for national origin bias, claiming that his supervisor’s comments about his personal hygiene, not performance problems, were the true cause …

Require staff to arbitrate disputes; court upholds ‘partially legal’ pact

07/01/2003
Don’t be leery of requiring employees to sign mandatory arbitration agreements. As the following ruling shows, even if a court disagrees with part of your agreement, …

Learn the legal risks of viewing school records

07/01/2003
Issue: Using school transcripts to screen applicants can lead to discrimination claims.
Risk: Without guidance, hiring managers can inadvertently use school records …

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 …