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

Discrimination / Harassment

Worried about firing the only minority employee?

02/20/2013

If your workplace isn’t exactly the picture of diversity, the need to fire your only minority employee may worry you. Isn’t that just courting a lawsuit? Maybe—but that’s no reason to retain a poor performer.

Worker has ADA-covered disability? Disclose only to those who need to know

02/20/2013

Employees asking for ADA disability accommodations often end up providing very private details about their health. Carefully guard that information so only those who have a real need to know about it are privy to the employee’s condition. That means you should establish a strict protocol for distributing health-related information.

Give HR the last word on terminations: Supervisor bias can taint firing decisions

02/20/2013
It’s never a good idea to “throw the book” at an employee just be­­cause a supervisor wants to get rid of her. Before approving discipline, check to make sure this isn’t an illegal effort to terminate. Ask why the supervisor wants to fire the employee.

‘Dodger Dog’ makers burned by DOL bias probe

02/20/2013
Cloherty Packing Co.—makers of Dod­­ger Stadium’s famed “Dodger Dogs” frankfurters—has agreed to settle federal charges it discriminated against women at its Los Angeles plant.

Bias complaint? Beware ‘helpful’ career advice

02/20/2013

It happens all too often: A supervisor hears that a subordinate wants to file a discrimination complaint and warns that following through might harm the worker’s career. It usually takes the form of a caution that complaining will brand the employee as a “troublemaker” and could cost promotion opportunities. The supervisor may genuinely believe that, but expressing it is a bad idea …

Romance policies that work–even with ‘irresistible’ employees

02/20/2013
Workplace romance has long been the bane of the HR profession. A December 2012 Iowa Supreme Court decision in Nelson v. Knight has further roiled the workplace romance waters by holding that an employer could terminate an employee for being “irresistible.”

U of M gay bias lawsuit turns on cellphone, text records

02/20/2013
Ongoing employment discrimination litigation between the University of Minnesota and a former golf coach is now focused on a cellphone. Former women’s associate golf instructor Kathryn Brenny sued the university, claiming that golf director John Harris stripped her of her duties once he discovered she is a lesbian.

Beware firing for ‘spreading rumors’ about bias

02/20/2013
Bosses may not like it, but em­­ployees have the right to complain about their working conditions. Characterizing those complaints as unfounded gossip doesn’t change that—and should never be a reason for termination …

Economic conditions require worker layoffs? Be honest about reason for termination

02/20/2013
No one wants to have to explain why an employee just lost her job. But passing the buck and coming up with inconsistent excuses are the worst possible approaches. Instead, make sure the information comes from one source—preferably HR—and stick with a defensible reason.

Different punishments for breaking same rule? Cite specifics to justify harsher discipline

02/18/2013

It’s reasonable to expect employees to obey your work rules. But employees can also reasonably expect you to apply those rules fairly. If you don’t, you risk a lawsuit. That’s why it is crucial to be specific when documenting discipline.