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Discrimination / Harassment

Employee passed test? He’s probably ‘qualified’

12/30/2012

For an employee to win a dis­crimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.

Orthopedic manufacturer settles religious bias suit

12/19/2012
Gaylord Inc. of Wadesboro will pay $55,000 to settle a former em­­ployee’s religious discrimination lawsuit against the orthopedic and sports medicine products manufacturing company.

Lumbee Tribe faces EEOC sexual harassment charges

12/19/2012
A former employee of the Lumbee Indian Tribe is suing the tribe, alleging her former boss sexually assaulted her and subjected her to severe sexual harassment.

Employee representing herself can always change mind

12/19/2012
Employees who act as their own lawyers often miss important court deadlines. If that happens, don’t jump for joy just yet. The employee may still hire an attorney who will probably know how to get parts of the lawsuit revived in the interest of fairness.

Don’t delay, even for one day! Assault allegations demand response ASAP

12/19/2012
Here’s a reminder for all supervisors and managers: Tell them they must spring into action immediately if an employee reports some form of sexual assault. There’s no waiting allowed—not even one day. Otherwise, a repeat performance the next day may create liability.

Read entire EEOC claim to understand full nature of employee’s complaint

12/19/2012

Employees must file an EEOC complaint before suing their employer over most forms of federally prohibited discrimination. Generally, any claims not included in the complaint don’t count. However, don’t assume that the only parts of the complaint form that matter are the checkmark boxes listing various forms of discrimination.

Back anti-harassment policy with robust training, enforcement

12/19/2012

It’s great that you have a hostile work environment policy in place and cover it in your training. But none of that will do you much good if supervisors remain oblivious. If hostile acts occur despite your policy, it won’t provide much protection. That’s why you must be proactive.

What Obama administration’s second term means for employers

12/18/2012
With President Obama taking the oath of office this month, employers are wondering what his second term will mean for them. Here is a sampling of the issues.

Settlement soon? EEOC rules Wet Seal discriminated

12/18/2012
Clothing retailer Wet Seal appears headed for a settlement after the EEOC ruled against it in a race discrimination complaint that alleged a high-level effort to trim the number of black employees working at the teen fashion retailers’ stores.

Was that race discrimination, or just a personality conflict?

12/18/2012
As an HR professional, you’re probably used to mediating what seem like silly disputes between co-workers. If neither employee mentions race, chances are a simple personality conflict is at the heart of the matter. Leave it at that—with a note for the record.