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

Discrimination / Harassment

Courts crack down on EEOC’s ‘fishing expedition’ tactics

03/12/2013

The EEOC has great power and considerable autonomy when investigating employers. But that doesn’t mean the commission has carte blanche to do whatever it wants. In fact, courts have recently issued rulings that place significant curbs on some EEOC practices.

Another lawsuit in state police Asian sex-trip scandal

03/12/2013
The Pennsylvania State Police sex-tourism scandal gripping Harrisburg just got even more complicated. Yet another trooper is suing the state, claiming he was passed over for a promotion after testifying in connection with the original lawsuit that blew the whistle on police officials who allegedly traveled to Asia to engage in sex.

Little incidents can become harassment over time

03/12/2013
Respond ASAP with swift discipline the first time someone levels sexual or anti-female taunts at an employee. Otherwise, the problem will grow. You may not realize something is wrong until the victim quits and sues.

Accommodating religion: What HR & managers need to know

03/12/2013
The increasing religious diversity in the workforce is causing more managers to make legal mistakes. Title VII of the Civil Rights Act of 1964 makes it unlawful to dis­­crimi­­nate against applicants or em­­ployees based on their religion. Here’s what the law means to employers and managers on a practical, day-by-day level.

Scooter Store settles suit alleging it violated ADA

03/07/2013
New Braunfels-based mobility aids retailer The Scooter Store has settled a disability discrimination suit with the former manager of a store in New York. The manager claimed the store fired him after he requested a leave of absence to care for his psoriatic arthritis.

Courts cracking down on pro se litigants

03/07/2013
Employers that face lawsuits from employees who act as their own lawyers know it’s hard to get those cases dismissed. But judges are becoming more sensitive to this problem—and less tolerant of pro se litigants.

It’s up to employee to connect dots between alleged bias, protected status

03/07/2013
The fact that a worker may endure slights, insults or even plots to drive him out of the job aren’t necessarily the basis for liability. It’s up to the employee to prove a connection between incidents and something like his race, age, disability or other protected characteristic.

Employee complains and then quits? Investigate anyway, to prove what happened

03/07/2013
When you get a discrimination or harassment complaint, it’s essential to launch an immediate investigation. If the employee quits, continue the investigation. That way, in case of a lawsuit, you can show the court you took the complaint seriously.

Name-calling may be just the tip of the iceberg

03/07/2013
If you are receiving reports that a manager or supervisor is engaging in name-calling, look beyond the obvious problem. It just may be that discrimination is a pervasive problem. It’s your job to bring it to light before it’s too late.

Use clear policy to thwart harassment claims

03/07/2013
One of the best ways to fight hostile work environment claims: a handbook with a strong sexual harassment policy that shows em­ployees exactly how they should report problems.