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Discrimination / Harassment

Court makes quick work of serial applicant’s lawsuit

11/01/2012
Have you ever faced an applicant who applies for every open position just because it’s easy to do—and then complains that she wasn’t chosen for any of them? A federal court made quick work of dismissing a lawsuit from one such applicant when it was clear she was overreaching.

Already decided who to hire? OK to refuse more applications

11/01/2012
You don’t have to accept any more applications after you have considered enough candidates to make a hiring decision—even if your sys­­tem still shows the position is open.

A slur is a slur, no matter the language–and deserves harsh discipline

11/01/2012
You don’t tolerate slurs spoken in English, do you? Then don’t put up with vile, intolerant and demeaning speech in other languages. It’s the content that matters, not the language spoken.

Bosses: Never justify decisions with sexism

11/01/2012
It may seem obvious, but that doesn’t mean your managers and supervisors understand it: It’s dumb to make sexist comments. A single sexist remark can mean years of ex­­pensive litigation. The employer may eventually win in court—but not before incurring crippling costs of lost time, money and productivity.

When disciplining older worker, be sure to document all examples of poor performance

10/29/2012
Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee.

Don’t be swayed by the top 9 excuses for harassment

10/29/2012

When managers witness or hear about a possible sexual harassment situation at work, it’s important for them to take the situation seriously. It’s vital for managers to contact the appropriate company officials in any potential harassment situations. Don’t be swayed by these common excuses you’ll hear from employees.

Beware bias peril built into applicant tests

10/27/2012
Do you use off-the-shelf pre-employment tests to screen applicants? Watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues, alleging some form of discrimination.

Use hotline records to nail down complaints

10/27/2012
A hotline makes it easy for employees to file complaints internally—and for you to keep track of the kinds of complaints they are making. That can come in handy later if there’s a dispute about when or about what an employee complained.

What are California’s requirements for providing sexual harassment training?

10/22/2012

Q. We know that we are required to conduct sexual harassment training for our employees. But we’re not sure which of our employees we are required to train and what formats we can use to provide the training.

Supervisor deserves termination? Fire away–even if he’s a member of a protected class

10/22/2012
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.