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Discrimination / Harassment

Boss gives the ‘cold shoulder’: Discrimination … or just a dis?

01/17/2013
Does it seem like courts keep telling us we have to monitor all juvenile behavior in the workplace? Do we need to hire “conduct cops” for our hallways? A court ruling last month smacked some sense into the laws and said “no”—not all bad-boss behavior is automatically “discrimination.”

Don’t let fear of being sued stop you from disciplining employee

01/14/2013
Don’t let the fear of litigation keep you from making necessary decisions. Sometimes, you have to discipline employees for the good of the organization.

Layoffs looming? Use past reviews to decide who stays and who goes

01/14/2013
Smart employers use past per­­for­­mance rankings as the major criterion for laying off employees during a reduction in force. The reason is obvious: Since the rankings predate the layoff decisions, they’re almost impossible to challenge.

Track all discipline and check for fairness

01/13/2013
Do you monitor all discipline and make sure employees who break the same rule suffer similar consequences? It’s the best way to win discrimination lawsuits.

Background checks: How safe is too safe?

01/11/2013

Q. We are considering instituting a criminal background check policy for all employee positions. We’ve heard scary stories of lawsuits regarding negligent hiring, and we’d really like to avoid that sort of litigation, not to mention the negative media attention. Is there any downside to having an “across the board” criminal background check policy?

Defense firm pays $100,000 to settle race bias claim

01/11/2013
Aerospace and defense contractor ATK has agreed to pay a job applicant $100,000 after she complained about discriminatory hiring practices at the company’s Eden Prairie plant.

Deciding not to hire, note specific reasons why

01/11/2013
You never know which unsuccessful job applicant will sue. That’s why it is crucial to internally document why you rejected a candidate. Bonus: You can also use the information for an informal internal audit to make sure a hiring manager isn’t inadvertently discriminating.

Beware double standard against working moms

01/11/2013
Here’s an important reminder that it takes just one Nean­der­thal boss to launch a lawsuit: Treat­­ing working mothers differently than working fathers is sex discrimination. Never turn a blind eye if you hear a super­visor is doing just that.

One stupid comment doesn’t create hostile environment

01/09/2013
When terminated through a reduction in force or for some other legitimate reason, overly sensitive employees may take a shot at filing a lawsuit over perceived slights, alleging they had been forced to work in a hostile work environment. Fortunately, it usually takes more than that to win.

Hiring or promoting? OK to discount experience if it’s trumped by other factors

01/09/2013

When an employee or applicant claims she was passed over for a job because of discrimination, she generally has to show that she was clearly the best-qualified candidate for the position. Some will argue that cumulative years of experience trump other factors. That’s not always true.