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Employment Law

Court: Compensation based on employees’ market value may correct past pay bias

05/13/2011
Ever since Congress passed the Lilly Ledbetter Fair Pay Act, employers have had to struggle with evaluating their compensation plans to make sure they aren’t perpetuating past pay discrimination. Now a federal judge has suggested that a better approach to fixing the problem may be found in the free market. If employers use the market value of jobs as a major factor in setting compensation, then even those whose pay is lower than it would be without past discrimination will be paid fairly because their increases will be greater.

Quick application of anti-harassment policy cuts liability–even in highly charged race cases

05/13/2011

Perhaps nothing is more offensive—and terrifying—to black employees than the implicit message behind a noose. Triggering images of Jim Crow-era lynchings, the noose is a powerful symbol. But that doesn’t mean that its appear­ance at work always means employer liability.

Beware even the simplest discipline: Court says oral reprimand can be retaliation

05/13/2011

Ordinarily, when an employee receives a reprimand that doesn’t carry negative consequences, courts won’t consider the reprimand an “adverse employment decision.” As a practical matter, that means an employee can’t base a discrimination lawsuit on a simple reprimand. But that doesn’t mean an oral reprimand can’t be retaliation.

OK to treat similar rule violations differently–as long as you document your rationale

05/13/2011

Some managers think they have to punish the same rule violation exactly the same way for all employees. But the truth is that no two cases are exactly alike. Those differences can justify punishing one employee more severely than another. The key: You must be prepared to justify why you treated the cases differently.

Last-minute complaint shouldn’t derail firing

05/13/2011
Employees who know they’re in trouble often look for ways to set up a lawsuit in case they’re fired. They may file some sort of discrimination complaint right before termination. This can be a winning strategy if the employer hasn’t been careful to document performance or other problems all along. Don’t get caught in that trap.

Fairness, careful documentation are key to discipline process that will stand up in court

05/13/2011

Are some of your supervisors so gun-shy about getting sued that they hold back on discipline? That’s a big mistake. As long as an employer carefully documents the disciplinary process with solid evidence, chances are any lawsuit will be quickly dismissed.

Tell all bosses: You must report harassment

05/13/2011
It’s crucial for front-line supervisors to report alleged race harassment up the chain of command. That’s because courts will inevitably conclude that when an employee complains about harassment to the boss, that puts the company on notice that it had better investigate the problem and fix it.

‘Private’ email? Remind your employee that there’s no such thing!

05/13/2011
Make it clear with employees—early and often—that your electronic communications are not their private playground. Legally, it’s your organization’s property and you have the right to monitor every email as you wish.

At least try to accommodate religious needs

05/12/2011

Employers can’t just ignore it if an employee asks for time off as a religious accommodation. The better approach is to schedule the employee for work and wait for him to request time off for religious observances. Then carefully consider the request, and document your efforts and conclusions.

Do disabled workers have extra rights during layoff?

05/12/2011
Q. We have several temporary positions we must fill. A disabled applicant is qualified and we want to hire him but are worried we won’t be able to terminate him after the position ends. Are there any rules that require us to retain him?