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Discrimination / Harassment

Weigh Cost Before Denying Accommodation Request

10/01/2001

Q. An employee we hired a couple weeks ago through a temporary agency (he is on their payroll) has just told us that he is Muslim and can’t work on Fridays. During the interview, he was asked whether anything would prohibit his working a proposed schedule that specifically included Fridays for the next 30 days. He said no, and this is in writing. He did not mention this problem until he had already been working for a week or two. Can we let this guy go? —M.R., South Carolina

Raise Doesn’t Prove Employee Was Succeeding

10/01/2001

Q. About three months ago, we gave a marginal employee who is pregnant a pay raise in hopes that it would improve her job performance by boosting her morale. Unfortunately, her performance has gone from bad to worse. If we fire her for poor performance, can she successfully argue that the recent raise indicates that she was performing well and that our reason for terminating her was discriminatory? —H.K., Illinois

Simple accommodation efforts can avoid major headaches

09/01/2001
Cathy Collings wanted to fire one of her employees, a state social worker, because he refused to license homosexuals as foster parents. The worker said that his religious beliefs prevented it. …

Risky environment won’t end your duty to reduce danger to staff

09/01/2001
All patients at Topeka State Hospital posed a danger to themselves or others. Staff members knew that, and the hospital regularly required workers to sign job description documents that mentioned the …

Investigate complaints, pronto

09/01/2001
The male workers at an Azteca restaurant constantly mocked Antonio Sanchez for his effeminate ways. They swore at him and referred to the waiter as “she” and “her.” Sanchez finally …

Transsexuals gaining protection

09/01/2001
Rhode Island recently became the second state to protect transsexuals from employment bias, adding “gender identity or expression” to its anti-discrimination law. The law also covers “gender-related expression,” which gives protection …

Supreme Court outlook: Key employment issues at stake

09/01/2001
Look for the U.S. Supreme Court to tackle several important business issues this fall, including what constitutes a disability and when a claim is officially filed. The court will open its …

Uneven Comp-Time Policy Can Cause Trouble

09/01/2001

Q. Our company manual doesn’t address compensatory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some and not to others. Can we negotiate our own terms with each employee? —E.B., Oregon

Splitting hairs: When is a no-beard policy illegal?

08/01/2001
Two recent court cases help draw the boundaries on how far you can go with a razor. Federal Express recently settled a lawsuit involving its no-beard policy and a Muslim …

Employees in ‘unique’ jobs can use broad comparisons to show pay bias

08/01/2001
Nancy Kroh successfully sued for gender discrimination, claiming her male colleagues were treated more favorably. But on appeal, the court tossed the award out. The com-pany convinced the appeals court that …