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Discrimination / Harassment

Sexual harassment doesn’t always have to focus on sexual activity

02/06/2019
An intense focus on sexual activity or sex characteristics isn’t always necessary to prove sexual harassment. As long as the victim can link the behavior she’s calling harassment to her sex in some way, she’s got a case.

Beverly Hills faces onslaught of lawsuits against top cop

02/06/2019
Almost 10% of the Beverly Hills Police Department’s officers have sued the chief of police, Sandra Spagnoli, alleging sexual misconduct and bigotry.

Job descriptions: Why you need ’em, how to write ’em

02/05/2019
Federal labor law requires HR professionals to do a lot of different things. Writing job descriptions is not one of them. Because this arduous task is optional, many organizations skip right over it. That’s not wise. There are many practical and legal reasons to draft (and up­­date) job descriptions.

Note all details that led up to discipline

02/01/2019
Having good documentation of your reasoning will often persuade a judge or jury that discrimination wasn’t the real reason for differing discipline, and that you legitimately used discretion to arrive at the appropriate punishment.

Justify why you decided not to follow the ‘same rule violation, same punishment’ rule

02/01/2019
Generally, if two employees break the same workplace rule and don’t have any prior violations, you should punish them the same way. But that doesn’t mean you can’t make judgment calls on which one may deserve more severe punishment, including discharge.

Supreme Court could address LGBT bias

01/31/2019
The U.S. Supreme Court could decide in the next few weeks whether to hear cases that ask if Title VII’s prohibition of discrimination on the basis of sex also bans discrimination against lesbian, gay, bisexual and transgender employees.

EEOC, DOJ cooperate to stop public-sector harassment

01/31/2019
The EEOC and the U.S. Department of Justice have signed a memorandum of understanding that will allow faster federal intervention in sexual harassment complaints involving state and local government employees.

Prepare to explain unusual compensation formulas

01/29/2019
There may be many reasons why one employee is paid differently than another. Be prepared to explain such discrepancies.

Centralized pay & promotion guidance is fine, but leave individual decisions to managers

01/29/2019
You may still face isolated lawsuits alleging discriminatory pay practices by a specific supervisor. However, that’s preferable to a potential class-action lawsuit on behalf of thousands of similarly situated employees across the company.

Document belligerence during hiring process

01/29/2019
If you ever encounter an applicant so difficult that you suspect she might become a disruptive employee, document why you are concerned. If she later sues, you will be able to describe exactly what happened.