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Discrimination / Harassment

Examine actual job duties–not job descriptions–to determine if jobs are truly equivalent

11/15/2012
Don’t rely on job descriptions to counter claims that you violated the Equal Pay Act. How the job is actually performed counts much more.

Communicate findings of bias investigation

11/15/2012
If an employee complains about alleged discrimination and you investigate, make sure you let the employee know the result. It could prevent a lawsuit.

How to establish a sexual harassment defense?

11/14/2012
Q. We have several 16-year-old girls working as servers in our restaurant. One worker’s mother told us about alleged harassment. Can we rely on our training for our defense?

Long gap after complaint won’t support retaliation claim

11/13/2012
A federal court has ruled that a two-year gap between an employee’s discrimination complaint and alleged retaliation is too long. Otherwise, employers could face retaliation claims years or even decades after resolving an original complaint.

Not picked for unpaid additional duties? That’s not grounds for discrimination suit

11/13/2012
Some government agencies and utilities have special-duty assignments—units that are called out in emergencies or during busy times. While serving on such a team may be prestigious, not being selected isn’t usually grounds for a discrimination lawsuit.

That’s so funny I forgot to laugh! What to do when joking crosses the line

11/13/2012

Some employees think that teasing each other—even about sensitive topics like race—is perfectly fine. But sometimes joking escalates to the point where what was once tolerated or even welcomed crosses the line. How you handle those situations can mean the difference between winning or losing a reverse-discrimination case.

Bias complaint? Beware retaliation claim, too

11/13/2012
Here’s an important reminder for employers when an employee alleges discrimination. Regardless of the merit of the original claim, remind supervisors they can’t retaliate.

Track all discipline to prove you don’t discriminate when punishing employees

11/12/2012

Employee lawsuits that appear out of nowhere often involve some form of alleged discrimination against someone who believes he was disciplined more harshly than other employees. That’s one reason you should routinely track all discipline.

Audit disciplinary records to ensure protected employees aren’t being unfairly punished

11/12/2012

Do you know for sure that your supervisors equally punish em­­­­ployees who break the same workplace rules? If not, it’s time to conduct an internal audit. Check disciplinary records against your employees’ protected characteristics.

Performance slipping under new supervisor? Find out if standards have changed

11/12/2012
If a former employee sues after being fired for poor performance, his attorney will almost certainly ask to look at past performance appraisals. Any that indicate the employee had previously been doing a good or excellent job may be used against you as proof the employee was fired for illegal reasons.