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Discipline / Investigations

Include complainer’s actions in sexual harassment investigation

06/01/2007

Sooner or later, you’ll be deep in a sexual harassment investigation. When you are, make sure you look at everyone’s words and actions, not just the alleged harasser’s. It’s especially important to get a complete picture if you sense that the employee who came forward with the complaint was actively participating in what she’s now alleging was sexual harassment …

Dust off your harassment policy or face the jury

06/01/2007

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company …

‘Soft’ termination rationale increases chance of jury trial

06/01/2007

Does your disciplinary policy call for dismissing employees who coerce or intimidate other employees? Understand that firing an employee for violating such rules might make a jury trial more likely …

Use workers’ compensation policy checklist to avoid retaliation lawsuits

06/01/2007

Texas, like many states, makes it illegal to retaliate against employees who file workers’ compensation claims. To avoid such a lawsuit, make sure managers and supervisors treat injured workers fairly …

Act fast to remove supervisors who make racist comments

06/01/2007
Adopt a “zero tolerance” policy for managers or supervisors who make racist comments. Those caught making derogatory or discriminatory comments (à la Don Imus) should be promptly shut down. If you don’t fire or at least remove them immediately, their words may come back to hurt the company …

It’s important to track discipline by type and degree

05/01/2007

Expect a call from an employment lawyer when a disgruntled employee is fired. If the axed employee belongs to a protected class (race, sex, disability, etc.), expect more than a call …

How not to handle a whistle-blower’s complaint: Threaten to kill employees who report you

05/01/2007

The Florida’s Private-Sector Whistleblower Act protects employees who report alleged wrongdoing to their employers. Ignoring the complaint—or worse, threatening discipline, job loss or anything else that could be viewed as retaliation—will land you in court in no time flat …

No accommodation offer necessary at termination meeting

05/01/2007

Courts have consistently ruled that deaf employees are entitled to sign language interpreters during training sessions…. They may also need specialized equipment or software to perform their jobs. But do you need to provide an interpreter or specialized equipment during a disciplinary meeting? …

Independent investigations are key to making decisions stick and avoiding retaliation claims

05/01/2007

Employees who file EEOC or internal complaints charging discrimination often behave as if their complaint is a job guarantee. Approach them about performance problems, and they immediately cry “retaliation.” But you can’t allow your workplace practices to be held hostage if you have legitimate concerns about performance …

Discovered new hire’s litigious background? Don’t retaliate

05/01/2007

Hired a dud who, you just found out, has a history of crying discrimination? Make sure you have solid, business-related reasons for any discipline you take. Here’s why …