• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Check settlement agreements for precise ADEA language

12/02/2013
When an employee promises not to sue for age discrimination and accepts money in exchange for that promise, he can revoke that agreement unless it contains some very specific language. But the revocation can only apply to the age discrimination claims, not others. Those remain settled.

Avoid needless reference to culture differences

12/02/2013
There is a fine line between a rational discussion of cultural differences and stereotyping. If you are tempted to educate employees on appropriate workplace behavior, stick with a straightforward description of what behaviors you want to see, not how they differ from other cultural norms.

Is there a legal way to ask if candidates will be able to work weekends and after hours?

11/27/2013
Q. We are currently interviewing for an event coordinator position, which would require the person to frequently work well beyond the usual 9-to-5 workweek. Is there a way we can ask about personal situations and make it clear that missing these events because of family obligations would not be tolerated?

Accommodating religion in the 21st century workplace

11/27/2013
Employers are often reluctant to raise concerns over the impact of an employee’s religious practices. Those issues generally aren’t considered to be job-related, and the fear is that addressing them might cause a discrimination lawsuit.

EEOC sues over alleged ‘mark of the beast’ monitoring

11/27/2013
The EEOC is suing Canonsburg-based CONSOL Energy on behalf of an evangelical Christian who retired from his job rather than submit to biometric scanning designed to track his work time and activities.

Isolated attack not grounds for harassment lawsuit

11/27/2013
Employers can control some hazardous work conditions, but not all of them. What a particular customer or client may do when he comes in contact with an employee likely falls into the uncontrollable category.

2 tactics to prevent needless litigation: Online applications and blind screening

11/27/2013
One way to ensure “blind” hiring is to create an online application process that doesn’t ask for protected-class information. Then perform initial screening without actually interviewing candidates.

Cary salesman’s last-ditch affidavit saves age bias case

11/26/2013
A former car salesman who claimed a Cary dealership fired him because it felt selling cars was a “young man’s game” appears to have plucked victory from the jaws of legal defeat.

One-time offensive comment not enough for a lawsuit

11/26/2013
Co-workers can and do get into arguments with other employees and may say things that are downright offensive. But courts expect employees to have relatively thick skins, at least when the perceived harassment is coming from co-workers and not a supervisor.

Employee acts as own lawyer? You’ll need to be patient

11/26/2013
When so-called pro se litigants represent themselves before the EEOC and in federal court, you’ll need patience. It will pay off in the long run.