DISCRIMINATION / HARASSMENT

No state do-over after worker loses in federal court

04/23/2014
Good news for employers: Workers can’t go to state court to re-litigate an employment discrimination case based on the same underlying facts that already failed in federal court.

Male boss hits on male employee? That's harassment

04/23/2014
Just as women have the right to dignity in a workplace free of sexual harassment, so do men.

Leave off job application any language that limits time frames for employee to sue

04/23/2014
Don’t even think of including in your job application a shortened statute of limitations for resolving employment disputes.

Just having a policy isn't enough! Enforce your rules against harassment

04/23/2014
We’ve said it before, but it needs to be said again: Simply having a sexual harassment policy in your handbook won’t save you from a lawsuit. It’s all about what you do with that policy.

Disability leave: Best intentions may backfire

04/23/2014

Here’s something to consider before you place an employee on disability leave following an em­­ployer-ordered medical exam. That employee may end up being considered disabled—even if the exam revealed no real medical problems. Essentially, by examining him and placing him on leave, you are regarding him as disabled. He can then sue for disability discrimination.

Most 2013 EEOC charges were filed by employees in 10 states

04/18/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013.

Can the government dictate the 'look' of the people we prefer to hire?

04/15/2014
Q. We are a retail company. Our public image and our reputation for being a patriotic corporate citizen are both very important to us. We tend to hire a predominately young workforce and individuals with trendy, but “clean cut” and energetic appearances. I also don’t want to be forced to hire people with head coverings or facial hair, which we don’t allow. Can the government force us to do that?

Textile rental firm settles sex discrimination charges

04/15/2014
Minnetonka, MN-based G&K Services has settled sex discrimination charges leveled by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

EEOC sues medical device firm for age, sex discrimination

04/15/2014
The EEOC alleges Chanhassen, MN-based PMT Corp. discriminated against older and female applicants for company sales positions. In a law­­suit filed in federal court, the EEOC claims the company’s president and CEO specifically instructed the HR department not to hire women and people who graduated from college more than 10 years ago for sales positions.

Owners of Rochester, MN hotel settle age bias suits

04/15/2014
Interstate Hotels and Resorts, the Virginia-based firm that managed Rochester’s Kahler Grand Hotel, has settled age discrimination charges that four former employees brought against the company. Interstate began managing the hotel, which serves the Mayo Clinic, in January 2013.

Employee must be open to compromise before quitting

04/15/2014
Employees can sometimes quit and sue for constructive discharge if their employer made work life intolerable. That doesn’t mean an employee can quit anytime she faces a difficult situation. She has to let her employer try to resolve the problem first.

Male candidate needs to 'support his family'? That's no reason to pay him more

04/15/2014
Here’s a warning to pass on to any manager or supervisor involved in employee interviewing, hiring or supervision: Never make a sexist comment about pay or benefits. It may come back to haunt the organization should an employee later sue for sex discrimination or pay equity.

Know the law: Background checks continue to trip up employers

04/14/2014
If you don’t follow the rules, background checks can cause more trouble than they prevent. Your background process can also become the basis for a class-action lawsuit.

Board members may count as employees for Title VII suit

04/14/2014
Some small nonprofit organizations may think they don’t have to follow Title VII anti-discrimination rules because they only have one or two employees. They could be wrong if the board that manages the organization pays officers to attend meetings and generally holds them accountable for assignments and meetings.

Document that employee requested transfer

04/14/2014
If an employee requests a transfer, be sure to document that he did so.
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