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Discrimination / Harassment

OK to fire despite isolated ‘old man’ comment

03/13/2014
Some employees joke around by calling other workers “old man” or making other insensitive ageist comments. You should certainly discourage comments that diminish employees, customers or others based on their protected characteristics. However, a few isolated incidents won’t mean a lost lawsuit if you also make sure that you terminate employees only for legitimate business reasons.

Base pay on the job–not the job description

03/12/2014
The Equal Pay Act makes it illegal to set separate rates of pay for men and women doing the same work. But some employers don’t understand that job titles and job descriptions don’t matter much when it comes to comparing jobs.

Prevent payback: Retaliation hits all-time high

03/10/2014
It’s more important than ever to remind supervisors that it’s unlawful to try to “get even” with people (staff or applicants) because they com­­plain about discrimination, either in house or to a government agency. While employee complaints to the EEOC about every type of discrimination declined from 2012 to 2013, only one rose: retaliation.

Raleigh EEOC office signs accord with Mexican Consulate

03/07/2014
The EEOC’s Raleigh office has signed a Memorandum of Under­­stand­­ing with the Mexican Consulate in Raleigh, agreeing to continue “an ongoing collaborative relationship between these two entities to provide Mexi­­can nationals with information, guidance, and access to resources on the prevention of discrimination in the workplace.”

Vandalism isn’t always employer’s responsibility

03/07/2014
Here’s an important reminder that employers aren’t responsible for pre­­venting every ugly workplace incident. Just because someone vandalizes an employee’s property doesn’t mean you will be liable for creating a hostile work environment.

Employee doesn’t have to be a minority to file a racial harassment complaint

03/07/2014
When nasty racial words are tossed around in a workplace, you may think the target of those words is the only person who can sue for racial harassment. Not true. It’s not necessary for someone to have protected status to complain about harassment or discrimination.

A liability ‘gift that keeps on giving’: The hostile environment you thought you fixed

03/07/2014
You may think that time is on your side after you tackled hostility in the workplace. But that isn’t always the case. For example, firing an employee who had to work in a hostile work environment for years may still mean liability, even if you recently cleaned up the workplace.

Deadly duo: Harassment followed by retaliation

03/07/2014
When an employee complains about sexual harassment, how you handle it makes a big difference. If you ignore the complaint—or worse, blame the victim and punish her—you’re risking a laundry list of claims under federal and state laws.

Corbett says he would support ban on gay discrimination

03/06/2014
Gov. Tom Corbett told the Phila­­del­­phia Inquirer that he supports a bill extending anti-discrimination protections to lesbian, gay, bisexual and transgender workers.

Lancaster nurse fired after refusing influenza vaccine

03/06/2014

Lancaster-based Horizons Healthcare fired a nurse after she refused to have a flu vaccine. The company requires its employees to get flu shots to limit potential epidemics. The nurse offered to wear a mask while on duty, instead. It’s a case that has yet to result in a lawsuit—but it could.