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Discrimination / Harassment

Take heart: EEOC doesn’t win every time

04/11/2013
The EEOC sometimes tries to test out new retaliation theories to trip up employers. Its most recent attempt didn’t work.

When it comes to bias, the customer’s not always right

04/03/2013
Watch out for the old adage that the customer is always right. Take it too literally, and you could be courting employment law liability. Handling customers who ask you to violate the law is tricky.

Remind managers: Zip your lips when it comes to pregnancy

04/03/2013

Regularly re­­mind bosses that they should never comment on an employee’s pregnancy, pregnancy-related problems or the desire to have children. Only two responses are appropriate: Congratulate the employee when things go well and offer condolences when they do not. Anything else may be interpreted as discrimination based on pregnancy.

Audit bonus payments to discover any gender discrimination

04/03/2013
There’s a quick and easy way to determine whether your bonus payment program might be tainted by hidden sex discrimination in violation of either the federal Equal Pay Act or the New York Human Rights Law.

As courts define same-sex harassment, beware behavior that crosses a line

04/03/2013
Ever since the United States Supreme Court decided its first same-sex harassment case, employers have struggled to define what is illegal same-sex harassment and what’s not. Now the 2nd Circuit Court of Appeals has provided some employer guidance in a case involving male-on-male harassment.

Don’t confuse education with qualifications

04/03/2013

One way for a candidate to prove discrimination in hiring or promotion is to show that he is so much better qualified than other candidates that there should have been no doubt about who got the job. Some candidates mistakenly believe that means if they are the best educated, they win. That’s simply not true.

Beware bias against child-rearing dads

04/03/2013
Here’s a heads-up about a possible new form of sex discrimination litigation. A father who can’t work overtime because he has child-care responsibilities may have a case if he can show that mothers were treated more favorably than fathers when it comes to flexible schedules. So ruled a federal court in New York.

Serial complainer requires patience, good records

04/03/2013
Patience is a virtue. Practice it, especially when you have an employee who seems to gripe about everything. Sure, serial complainers are a pain. Don’t make matters worse by striking back.

Older worker too slow? Firing isn’t age bias

04/01/2013
Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.

Carefully document every rule violation to defend against surprise claims

04/01/2013

You never know which fired em­­ployee might sue or for what reason. That’s why you should always carefully document all discipline, up to and including the final reason for discharge. The fact is, a legitimate business reason almost always defeats a discrimination claim.