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North Dakota

Immediate harassment danger? Protect victims

03/14/2012

Sexual harassment is always a serious issue that warrants fast corrective action. In most cases, it’s appropriate to simply separate the alleged harasser and victim while you investigate. But more immediate help may be in order if the harasser and the victim are traveling together or isolated.

Warn bosses: Bias could mean punitive damages

03/14/2012

Warn decision-makers who decide to act on their own, ignoring HR’s guidance: Juries can hold them personally liable for legal missteps—and make them pay punitive damages.

Warn managers: Angry statements could cause defamation, slander lawsuits

02/09/2012

When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.

Use harassment hotline? Keep detailed records

02/09/2012

Chances are, you have a sexual harassment policy that gives employees several ways to report harassment—maybe including a hotline for phoning in problems. But beware: An employee may file an EEOC complaint before you even have a chance to investigate alleged harassment. If that happens, your hotline records may play a crucial role in your defense.

Beware liability if no-hire decision was based on politics

01/12/2012

Here’s a reminder for government hiring managers: While ordinarily, such supervisors have qualified immunity, that’s not the case if the decision not to hire is based on an applicant’s political beliefs.

Before firing, offer second chance to improve

01/12/2012

Some employees facing criticism will own up to the problem and work to improve. Others simply refuse to recognize that their performance is subpar or contributing to discord in the workplace. Either way, it’s worth at least extending to the employee a chance to improve and keep his job—after you have documented the nature of the problem.

Different pay for men and women? Prepare to explain ‘other than sex’ factors

01/02/2012

The federal Equal Pay Act (EPA) is supposed to ensure that men and women doing the same job aren’t paid differently based on their sex. But employees can’t win EPA lawsuits simply by comparing their rates of pay and job titles. Lots of factors unrelated to gender may influence pay.

Vague report of name-calling doesn’t make you liable

12/14/2011

Employers must respond promptly to allegations that employee misbehavior is creating a racially, sexually or otherwise hostile work environment. But what if all an employee only complains about is unspecified name calling?

Prepare to go to trial even if employee represents herself

11/09/2011

Courts often have little patience for disorganized, incomprehensible lawsuits. Those cases are often filed by pro se litigants, who act as their own lawyers in court. Their rambling legal documents often make for difficult trials, so judges have frequently decided to toss them out. But now the 8th Circuit Court of Appeals has told lower courts to rethink that approach.

ADA claim during bankruptcy must be honored