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Discrimination / Harassment

Obscenity, drunk-dialing: No unemployment

06/20/2013
In a win for common sense, the Court of Appeals of Minnesota has reversed an unemployment compensation award to a supervisor who used obscenities at work and then drunk-dialed a subordinate more than once.

Beware firing worker who sleeps with the enemy

06/20/2013
Here’s a situation that should send you straight to your attorney’s office. If you fire an employee because you discovered her spouse works for the competition, you may be violating the marital status discrimination clause in the Minnesota Human Rights Act (MHRA).

Screaming at ashtrays: Just part of the job?

06/20/2013
That’s what several employees of Dynamic Medical Services in Miami were required to learn to do, according to a recently filed EEOC religious discrimination lawsuit.

Speak freely to EEOC–it’s privileged communication

06/18/2013
Good news: You won’t be held personally liable—and neither will your company—for what you say in re­­sponse to an EEOC complaint. State­­ments made in an EEOC investigation are privileged.

EEOC settles first genetic bias case under GINA

06/12/2013
An Oklahoma company has agreed to settle the first EEOC lawsuit ever filed alleging violations of the Genetic Information Nondiscrimination Act.

Waiting to fire slacker? Document your concerns

06/11/2013
If you have a poor-performing worker but don’t want to fire him before you have lined up a replacement, make sure you document all the problems—and your efforts to get him up to expectations.

Worker says different punishment shows bias? Your good records will save you in court

06/11/2013
You know you should discipline all workers fairly and equitably, with similar punishment for all who break the same rule. That doesn’t mean breaking the same rule always means identical punishment. As long as you have a good and well-documented reason that shows why each situation differed, your decision won’t be second-guessed later.

How to comply with the GINA genetic information law

06/07/2013
The Genetic Information Nondis­crimination Act was enacted in 2008. It pro­hibits employers from discriminating against employees on the basis of their genetic information.

Don’t let fear of lawsuits stop reorganization efforts

06/07/2013
Companies that don’t change with the times risk going out of business. But change can be uncomfortable for employees, especially if it affects them directly in lost pay, status or even continued employment. Don’t let the possibility of a lawsuit keep you from making necessary adjustments.

Workplace romance, by itself, is not illegal

06/07/2013
While workplace romances can cause all kinds of problems, it isn’t necessarily illegal discrimination if a supervisor favors his girlfriend. That’s true even if others feel they are being passed over or otherwise treated poorly because of the affair.