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Discrimination / Harassment

Watch out for overt harassment, but don’t sweat isolated–possibly misinterpreted–comments

10/15/2012
While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.

Create special test for underperforming worker

10/15/2012

Do you have an employee who just doesn’t seem capable of doing his job? If you document the shortcomings, you can create a special test designed to measure improvement. Just be sure to provide appropriate training materials as part of your effort.

Should we take up the EEOC on its offer to mediate a complaint?

10/12/2012
Q. The EEOC wants us to participate in mediation. Should we? If we don’t, will it make the investigator think we’re trying to hide something?

What’s going on? It seems like we’re being investigated twice for bias

10/12/2012
Q. We received a charge from the EEOC and we’re dealing with it. Now we’ve received correspondence from the state equal opportunity agency, too. What’s up? Are we going to be investigated twice?

What to do when enforcement agencies come knocking

10/12/2012

The federal government, most states and some municipalities all have agencies charged with enforcing employment laws. Employers are most likely to have contact with agencies that enforce anti-discrimination laws. How you deal with those enforcement agencies when discrimination charges surface matters a lot.

Female chauffeurs sue Saudi prince, limo company

10/12/2012
Three fired female drivers filed gender discrimination complaints with the EEOC against Prince Abdul-Rahman and Crown Prince Limousine and its owner. Following the EEOC’s unsuccessful attempt to mediate the complaint, the women have now filed suit in federal court.

Lund Boat gets on board with hiring female applicants

10/12/2012
New York Mills-based Lund Boat and parent company Brunswick Corp. have agreed to settle sex discrimination charges filed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

Lying to the EEOC isn’t grounds for defamation suit

10/12/2012
Good news for employers faced with a former employee who tries to add defamation to his case based on alleged employer misrepresentation. What you say to an agency like the EEOC can’t be grounds for a separate defamation action.

There’s just no guessing about cross-dressing: Focus hiring on qualifications, not appearance

10/12/2012
While a man who wears dresses and makeup might make his orientation or self-image perception clear, that’s not true of a woman who dresses like a man, at least not according to a recent 8th Circuit Court of Appeals decision.

No ’50 state club’ for us! Barkeeps cry harassment

10/12/2012
Two former Hilton Minneapolis bartenders are suing the downtown hotel, claiming they were punished for spurning a female manager’s sexual overtures and then complaining about sexual harassment.