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Discrimination / Harassment

EEOC can’t sue over nationwide discrimination unless it first investigates

02/18/2014

Employers with locations in multiple states that find themselves responding to an EEOC discrimination complaint sometimes fear the agency won’t limit its investigation to a single complaint or two. Instead, they worry the commission might conduct a wide-ranging investigation and sue over so-called “pattern-and-practices” discrimination, alleging companywide bias.

It’s just a kiss … sealed with a lawsuit

02/18/2014
Even a single incident of overt sexual harassment can become the basis for a sex discrimination and sexual harassment lawsuit. Warn all supervisors and managers: Keep your hands off your subordinates—and your lips, too!

Consistency is key when firing for performance

02/14/2014
Poor performance sounds like a legitimate reason to fire someone. That doesn’t mean the employee won’t sue. If that happens, you must be prepared to show that other em­­ployees who held the same position and had similar performance issues were also terminated. If not, you had better be able to explain why.

New EEOC stats: Charges down, retaliation up

02/11/2014
The EEOC received 93,727 charges in fiscal year 2013, a 5.7% decrease compared to 2012. However, retaliation charges grew for the eighth straight year.

Austin P.D. reassignments: Culture change or bias

02/05/2014
The Austin Police Department last year reassigned 19 supervisors from its organized crime division in what officials term an attempt to “change culture.” Thirteen reassigned officers see the move differently, and they are fighting it.

Frito-Lay seeks end to OFCCP discrimination probe

02/05/2014

In 2007, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs selected Frito-Lay for an audit by issuing a scheduling letter. Two years later, the agency re­­quested hiring data for January 2008 to October 2009 claiming it had found a “statistically significant” difference in its hiring rate for women at its Dallas facility. Frito-Lay refused, claiming the scheduling letter did not authorize the new data’s release.

There’s one foolproof way to win discrimination lawsuits

02/05/2014
When you evaluate whether a former employee may sue you successfully over her discharge, consider this: If you replaced her with someone belonging to the same protected class, she’ll have a hard time winning a lawsuit that claims you were biased against her class.

Best way to stop failure-to-promote lawsuits: Include qualifications in job announcements

02/05/2014
Want to avoid unnecessary lawsuits over whether an applicant is qualified for a job opening or promotion opportunity? Then make sure your job announcement includes specific information about minimum requirements so that those don’t become the basis for a lawsuit.

Demographic shift sparks new job-bias risks

02/04/2014
The U.S. workforce is in the midst of a sweeping demographic makeover, bringing new ethnic, national-origin and religious diversity—and new legal risks for employers.

Job Interviews

02/01/2014

HR Law 101: Much of the information employers avoid asking for on a job application becomes apparent when hiring managers meet someone face-to-face (such as race, age, physical disability and national origin). So, you must take extra care not to ask questions or make comments that an applicant might construe as discriminatory …