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Discrimination / Harassment

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.

Using day labor? Keep relationship contractual

03/06/2014

If you sometimes need temporary help, you probably turn to companies that hire and manage day laborers. Keep the relationship strictly professional to avoid potential liability as an employer. Instruct supervisors to defer any questions on pay, hours and potential hiring to the temp agency and remind them not to promise anything.

Hiring consulting firm to work on site? That cuts your harassment liability

03/06/2014
Here’s some good, sensible news. If you hire a consulting firm and that company works on site, you won’t be liable for harassment between consulting firm employees.

When criminal records are at issue, prepare to explain rationale for firing or not hiring

03/06/2014

Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.

Firing after complaint won’t always prove bias

03/06/2014
Don’t let what you know is a meritless complaint keep you from disciplining an employee. If you can show the process was already under way and you had a solid business reason, go ahead and discipline the worker.

Document exactly why you fired troublemaker

03/06/2014
Do you have an employee who is so disruptive that co-workers repeatedly complain? You may have to fire her. Before you do, carefully document how her behavior negatively affects the workplace and what rules she is breaking.