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Discrimination / Harassment

Liability on the line: Choose words carefully

01/28/2014
Warn supervisors to watch what they say. Making a statement that suggests the employee’s gender was in any way connected with workplace discipline is asking for a lawsuit.

The EEOC Reporting Process

01/28/2014
HR Law 101: Don’t hesitate to inform employees about their right to report sexual harassment to the EEOC or a state agency. Your failure to provide information about alternatives to internal reporting won’t prevent employees from seeking redress from a government authority …

Boss seems to be seeking young ‘dream team’? Be alert for possible age discrimination

01/24/2014
Does your organization have a supervisor who frequently interviews and wants to hire younger applicants at the expense of older ones? That supervisor’s “dream team” may end up as Exhibit A in an age discrimination lawsuit.

How far must we go to accommodate employee’s need for religious days off?

01/24/2014
Q. One of our employees notified us that he cannot work on certain days of the week for religious reasons. Are we required to accommodate the employee’s request and work around his requested days off?

California’s DFEH report highlights coming discrimination trends

01/24/2014
The California Department of Fair Employment and Housing (DFEH), California’s civil rights agency, submits an annual report each calendar year to the governor and the state legislature. The latest report shows growing trends toward more filings related to disability, race and gender-based discrimination.

Beware boss who undermines anti-harassment rules

01/24/2014
Here’s a novel situation: What do you do if you learn that someone is undermining a manager or HR director’s efforts to stop sexual harassment by enforcing company rules? If you ignore the manager’s complaint, she may sue the company for allowing sexual harassment to flourish.

Don’t fear punishing boss who threatens retaliation

01/24/2014

Employees who complain about discrimination or other problems by going to HR shouldn’t be punished for doing so. That includes the mere threat of punishment, whether or not that punishment is carried out.

When providing benefits, make sure they go to everyone entitled to them

01/24/2014
Benefits like vacation, sick leave, relocation payments and the like must be provided equally to all similarly situated employees. Don’t reward some with additional perks and leave others out—unless you’re willing to risk a lawsuit.

Difficult employee broke your rules? No need to fear legitimate termination

01/24/2014

Do you have a difficult employee you just know is going to sue you if you fire him? That’s no reason to treat him with kid gloves. Just make sure you have a rock-solid reason for the discharge. You may still be sued, but the case likely won’t go far.

Be alert for health, safety whistle-blowing

01/24/2014
Here’s a warning for federal government employers: Just about any internal complaint about agency wrongdoing may be protected activity under the Whistleblower Pro­­tec­­tion Act (WPA).