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Discrimination / Harassment

One insensitive comment isn’t enough to create a hostile environment

04/14/2014

People say stupid things all the time. When it happens at work, the consequences can be profound. But many dumb slips of the tongue turn out to be merely insensitive, not malicious. As long as the comments don’t become frequent or more severe, there won’t usually be any lasting damage.

Beware firing worker who moonlights while out on medical disability leave

04/14/2014
It may seem wrong for an employee who is out on disability leave to work another job. But firing her for allegedly lying about her medical condition may backfire in the form of a disability or retaliation claim.

Here’s an easy way to prevent age bias claims

04/14/2014
One of the best ways to prevent age discrimination is also one of the simplest: Make your hiring process age-blind by removing age tipoffs from your application.

Still no handbook? Act fast after complaint

04/14/2014

Do you work in an HR department that still hasn’t gotten around to creating an employee handbook? Don’t despair. As long as everyone in HR and management makes sure employees know the company won’t tolerate sexual harassment and encourages immediate reporting of harassment, you can probably escape liability by acting fast on any reports you do receive.

No need to tolerate personal woes that spill over to workplace arguments

04/09/2014
When bad romance spills over to the workplace, you don’t have to put up with the aftermath. Set strict rules about behavior and don’t tolerate loud arguments, threats or other disruptions.

Base pay on job–not title or job description

04/08/2014

To avoid unintentional bias, HR and supervisors must look deeper than job descriptions when setting up pay scales. That’s why it’s best to regularly reevaluate your job descriptions and match them to actual job tasks and duties.

EEOC issues new guidance on religious garb and grooming

04/08/2014
In an attempt to clarify employers’ rights and responsibilities under Title VII’s prohibition against religious discrimination, the EEOC has issued a new guidance document regarding religious clothing and grooming in the workplace.

Disabled waitress sues after Houston restaurant raises bar

04/07/2014
Nick’s Restaurant and Sports Bar in Houston faces an EEOC lawsuit after it allegedly stopped accommodating a disabled em­­ployee with dwarfism.

Not every work dispute is a ‘federal case’

04/07/2014
Federal courts are beginning to be more selective in the types of employment discrimination cases they consider. No longer can employees essentially “make a federal case” out of any workplace dispute.

Don’t let lawsuit fear stop appropriate discipline

04/07/2014
Some employers want to avoid litigation and don’t like to discipline someone they are sure will sue. That can be a mistake, especially if the employee in question is harassing or discriminating against others.