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Discrimination / Harassment

Beware FEHA suit when terminating new mother

10/22/2012
If a woman who has been fired sues for pregnancy discrimination, she doesn’t have to prove that her pregnancy was the sole reason for the termination. She merely has to show that it was a motivating factor.

EEOC says Leona’s Pizzeria reneged on settlement deal

10/18/2012
Women who were sexually harassed while working for Leona’s Pizzeria in Chicago never got their piece of the pie, according to the EEOC. Now the famous chain is being sued to force it to live up to its obligations.

After sex bias settlement, Brunswick will hire women

10/18/2012
Brunswick Corp. of Lake Forest and its subsidiary Lund Boat have agreed to settle sex discrimination charges filed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

Preferring Spanish speaker doesn’t amount to bias

10/18/2012
Some jobs require not just bilingual ability, but fluency in a particular language other than English. Hiring for that specific skill isn’t discrimination.

Remind bosses: No comments about EEOC complaints

10/18/2012
When an employee files an EEOC complaint or lets anyone know he has sued former employers, remind managers not to say anything.

When disagreement turns to cursing and threats, feel free to terminate for insubordination

10/18/2012

Plenty of employees have chips on their shoulders. Some are hypersensitive to perceived slights and constructive criticism. Others get angry over minor problems. Acting out has long been regarded as insubordination and grounds for discipline, including termination.

Aggressive employee terrifies co-workers? Now that’s failing to meet expectations!

10/18/2012
You don’t have to put up with employees who can’t get along with others, raise their voices, slam doors and generally act as if they could explode into a rage at any moment. Those are legitimate firing offenses.

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?