05/14/2008
It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened ...
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05/14/2008
Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action ...
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05/14/2008
It isn’t unusual for fathers to have extensive child care responsibilities. Make sure your policies recognize that fact. Don’t succumb to stereotypical thinking. For example, if you waive some work requirements so mothers can pick up their kids from day care, give fathers the same flexibility ...
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05/13/2008
Sometimes, it seems as if every employee who ever filed a complaint about real or imagined discrimination follows up with a retaliation lawsuit. Ever since the U.S. Supreme Court loosened the requirements for proving retaliation, lawyers have had a field day. At least the 8th Circuit Court of Appeals has begun reining in these lawsuits ...
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05/13/2008
Minnesota employers, take note: Courts don’t take kindly to employers that try to sue their employees for negligence as a counterclaim to a discrimination lawsuit. In fact, Minnesota law requires employers to indemnify employees for costs associated with a lawsuit filed because of the employee’s alleged wrongdoing ...
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05/13/2008
Don’t even think about ignoring an employee lawsuit. If you don’t hire an attorney and present the court with a specific defense, the judge will give the employee an automatic win and figure out what damages you must pay. And you certainly won’t be able to ignore the sheriff who comes to collect what the court said you owe ...
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05/13/2008
Zachary Winspear joined Community Development, Inc. (CDI), a property management company in Golden Valley, as a personal assistant to company president Charles Schneider. As the two grew close, Winspear confided to Schneider that his brother had committed suicide ...
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05/13/2008
Title VII forbids employers from basing employment decisions on an individual’s race, color, religion, sex or national origin. But the U.S. Supreme Court has twice upheld an employer’s right to voluntarily adopt race- and gender-conscious employment policies that the employer thinks will remedy inherent work force imbalances ...
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05/12/2008
Federal anti-discrimination law gives employees either 180 or 300 days (depending on the state they live in) to file an employment discrimination claim with the EEOC. Pro-employee legislation that aimed to extend that limit much further failed in Congress this month.
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05/12/2008
The Equal Pay Act was passed to ensure that women are paid the same as men for substantially equal work. The law does allow for differences based on any factor “other than sex,” but you must be prepared to explain pay differentials in a way that clearly demonstrates why two employees in the same job receive different wages ...
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05/12/2008
The 11th Circuit Court of Appeals has just expanded employee rights in alleged sexual harassment cases. The court has ruled that sexually explicit language that tends to demean women can be the basis of a sexual harassment and hostile work environment claim even if the language is not aimed at a particular woman ...
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05/12/2008
Sexual harassment investigations can be embarrassing for everyone, including the alleged victim. But in order to conduct a fair and impartial investigation, HR must know exactly what happened. You don’t want to get part of the story, only to find out later that there was more ...
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05/12/2008
A former employee of Ernie Haire Ford who claimed the dealership fired him because of his age won a $5.8 million verdict in Hillsborough Circuit Court ...
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05/12/2008
BJ’s Wholesale Club will pay $100,000 to settle an EEOC lawsuit. The manager of the company’s Homestead store, who is Cuban-American, allegedly subjected a black employee and a Puerto Rican employee to numerous racial slurs ...
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05/09/2008
Don’t bar former employees who have sued the company from applying and being hired for new jobs. Doing so almost certainly invites a retaliation lawsuit—one that courts are likely to find in favor of the former employee.
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