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Discrimination / Harassment

Documentation key if you must discipline employee who took protected leave

12/13/2016
Document it carefully if, while an employee is out on protected leave, you discover that she has broken a workplace rule that warrants discipline.

Transfer, training aren’t adverse actions

12/12/2016
Transferring an employee to another position that pays the same and carries the same benefits as the original position is not an adverse employment action.

Consistently apply progressive discipline

12/08/2016
Progressive discipline may end up becoming a trap for employers that don’t scrupulously honor the underlying purpose of the rule being implemented.

Cut discrimination risk with audit for differing discipline

12/06/2016
If you are about to punish a worker for poor performance, do a quick self-audit to see if other employees received similar punishment.

Manager’s ageist comment isn’t necessarily a kiss of death in court

12/06/2016
It happens with disheartening frequency: A manager makes a stupid comment about an employee’s age that—in an HR pro’s worst nightmare—could lead to a nasty lawsuit.

Reporting racial slurs is protected activity

12/06/2016
A worker reporting that a supervisor used a racially charged slur is protected from retaliation.

Think twice before firing complainer

12/06/2016
If you have a worker who has complained about some form of discrimination, think twice before you terminate her.

Court decides ‘weird’ is a gender-neutral insult

12/06/2016
Viewing someone as “weird” or unusual isn’t discriminatory if, in context, the label could apply to either sex.

Absolute proof not required, just good faith

12/01/2016
As long as you conduct a fair and impartial investigation aimed at getting to the truth, courts don’t demand that you get every fact right.

New EEOC guidance addresses national origin discrimination

11/29/2016
The EEOC has issued updated enforcement guidance on national origin discrimination, addressing Title VII’s prohibition on bias that targets employees based on their ethnic and cultural heritage.