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Objective, unwavering criteria is key to litigation-Proof promotions

02/01/2008

A lawsuit is the last thing you want after making a promotion decision. The best way to stay out of court is to insist on objective promotion criteria …

Managers: Never presume ‘What’s best’ for employees

02/01/2008

Few things spur a discrimination suit as fast as a manager’s misplaced paternalistic comment. Remind supervisors that employees should choose for themselves what promotion or training opportunities they want to pursue. Presumptions about what they might prefer or would be comfortable doing don’t belong in the workplace …

Inappropriate info on old applications

02/01/2008

Q. I was recently hired as the first-ever HR director for a company that has been in business for more than 40 years. While reviewing employee files, I was aghast to find applications from the late ’70s and early ’80s asking very inappropriate questions—the applicant’s political party, religious faith and even family planning goals. I know times have changed, and the company’s applications have been EEO-compliant for more than 20 years. But I worry that the company will get in trouble with the EEOC or other government agencies if the old applications are found in our files. Should I have older employees who filled out the inappropriate applications all those years ago complete and submit current EEO-compliant applications? …

When discouraged applicants sue, don’t ‘Blacklist’ them

02/01/2008

Here’s a trap you should be aware of: An applicant who sues when he isn’t hired often keeps on applying—and then turns around and claims that you “blacklisted” him in retaliation for the lawsuit. Here’s how you should respond …

Hiring managers must review all applicants’ qualifications

02/01/2008

If someone sues you because she didn’t get hired or promoted, the hiring manager better be able to explain the selection criteria. Many can’t. That’s why it’s crucial for HR to oversee hiring and promotion processes and make absolutely certain you can document how the decision was made …

Meticulous performance, records win promotion cases

02/01/2008

Just about everyone with an ounce of ambition wants to be promoted. But in most organizations, there’s only so much room for managers and supervisors. Still, failure to win a promotion is one of the most frequent triggers for discrimination lawsuits. That’s why HR should carefully track every employee’s performance and progress …

Independent contractors may charge harassment under NJLAD

02/01/2008

A worker walks into your HR office and makes allegations of harassment and a hostile work environment under the New Jersey Law Against Discrimination. You check the personnel file and realize that she actually is an independent contractor who provides services to your company. You’re off the hook, right? Not necessarily, according to the New Jersey Appellate Division …

Tell applicants upfront about schedule, seniority system

02/01/2008

If you have a system that gives the most senior employees their picks of the best days off, it’s fair to both job applicants and the organization to be clear about what hours new hires should expect to work. The best approach is to ask about work availability upfront—right on the job application …

Countrywide merger requires B of A to create new Texas jobs

02/01/2008

According to a recent Associated Press report, Bank of America must assume Countrywide Financial’s contract to create 7,500 new jobs in Texas if it wants to move forward with its plan to acquire the nation’s largest mortgage lender …

Colorado Lifestyle Discrimination Law

02/01/2008
The Colorado Lifestyle Discrimination Law protects employees who engage in legal activities, such as using tobacco or alcohol when not at work. And unlike the lifestyle discrimination laws in other states, Colorado’s statute has an unusual twist: It specifically lists marriage and planning to marry as protected legal activities …