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Discrimination / Harassment

Class matters when discrimination is alleged

01/07/2014
Employees who claim they were disciplined more severely than other employees have to compare themselves to similarly situated workers outside their protected class. They can’t claim someone in their same class got better treatment.

Don’t let religion be an excuse for missing work when it’s not the real reason

01/07/2014
Do you have an employee with a spotty attendance record who suddenly claims she can’t come to work on her day of worship? Employees can’t sue for denial of reasonable religious accommodations unless they prove three things.

Sure it was harassment, but it didn’t last long! A little hostility still means big liability

01/07/2014
Think you have plenty of time to investigate sexual harassment complaints? Think again. The fact is that even a few days of unresolved sexual harassment can become the basis for a lawsuit. Act ­­immediately to stop harassment or face the ­consequences.

Immediately investigate sex harassment claim

01/07/2014
When an employee tells a supervisor that she’s being sexually harassed, that’s a signal that action is required. Her complaint should immediately set into motion an in­­ves­­ti­­ga­­tion. Make sure your supervisors have strict instructions to contact HR right away.

Age Discrimination: ADEA/OWBPA

01/05/2014

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions …

Keep tabs on employees socializing at work

01/03/2014
Sometimes, employees’ social interactions cross the line from productive to disruptive. Before you punish friendly co-workers, consider quantifying their behavior. That makes it easier to defend against charges that you singled out some chatty co-workers for harsher treatment than others based on their protected status.

Pennsylvania anti-bias agency sued for race bias

01/03/2014
The Pennsylvania Human Relations Commission (PHRC) is getting a taste of its own medicine. A candidate for the position of PHRC executive director has filed a lawsuit claiming that the commission—which investigates discrimination charges—is guilty of being racially biased.

A hairy problem: Cut biased grooming rules

01/03/2014
Here’s a warning about general grooming standards and disciplining employees over their hairstyle choices: Make sure you apply the same standards to all employees and don’t end up forbidding members of a particular protected class to wear hairstyles that are OK for other workers.

Quick action key to preventing harassment lawsuits

01/03/2014
Here’s how to handle sexual har­­ass­­ment complaints: Investigate fast and fix any problems you find. Then don’t fear legitimate discipline afterwards.

Beware calling older employee ‘old man’

01/03/2014
Include ageism in your discrimination and hostile work environment training. And for goodness sake, remind bosses not to refer to older workers as “old man” or “old woman.”