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Discrimination / Harassment

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.

Kroger sued over manager’s treatment of disabled worker

10/09/2012
The Kroger grocery chain, headquartered in Cincinnati, is being sued for disability discrimination by a former employee in Texas.

Cincinnati gov’t. contractor draws Uncle Sam’s ire

10/09/2012
Meyer Tool has agreed to pay $325,000 to settle race discrimination charges leveled by the U.S. Department of Labor’s Office of Federal Contract Compliance Pro­­grams. The OFCCP claims the company systematically discriminated against black applicants.

Tone alone isn’t enough to turn neutral statement into evidence of bias

10/09/2012

The way an individual speaks can convey more than the actual words he or she uses. Body language, tone of voice and other mannerisms (such as rolled eyes) are also powerful communication. But that doesn’t mean that an otherwise neutral statement delivered with what an employee thinks is a demeaning tone can be the sole basis for a lawsuit.

Ensure policy lets employees report harassment to someone other than boss

10/09/2012
Your sexual harassment policy may not be worth the paper it’s printed on if doesn’t spell out an alternative reporting option for em­­ployees who allege they were harassed by their supervisors. You must allow employees to bypass their bosses.

Slow business forces RIF? Most staffing decisions won’t trigger bias liability

10/09/2012
If you need to conduct a reduction in force because of slow business, it’s perfectly legal to move employees around to better meet your new needs even as you lay off others. Few judges will second-guess those moves, even if the main im­pact is on one employee who happens to be a member of a protected class.

Preventing and handling workplace harassment of teen workers

10/09/2012
Because of their youth and inexperience in the workplace, teenage workers are uniquely vulnerable to sexual harassment. It’s your responsibility to prevent harassment—and investigate it if it does occur.