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Discrimination / Harassment

Explain why employee didn’t receive training

04/30/2014
Employers should be careful to design training programs that make training opportunities available for all. But sometimes, an employee won’t be able to participate in training. In those cases, be prepared to explain why.

Devout UNC-Wilmington prof wins promotion and back pay

04/30/2014
A federal judge has affirmed a jury award to a criminology professor at the University of North Carolina-Wilmington. Mike Adams claimed university administrators praised him when he was an atheist, but black-balled him after he became a Christian.

Does a ‘shy bladder’ constitute a disability?

04/30/2014

Some jobs are so safety-sensitive that employers are required to perform drug and alcohol tests on employees. For example, Department of Trans­­por­­ta­­tion regulations require regular tests for commercial truck drivers. But what if an employee can’t produce a urine sample?

How to raise discrimination red flags: Deviate from usual promotion policies

04/30/2014

It doesn’t take much to get a lawsuit going. Employees just have to show that discrimination may be the reason why they weren’t promoted or failed to receive benefit of employment that was afforded to someone of a different race, sex or other protected characteristic. Something as simple as an employer not following its own promotion policies will do the trick.

North Carolina among top 10 states for 2013 EEOC charges

04/30/2014
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. North Carolina logged the sixth highest total.

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.