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Discrimination / Harassment

Client gaffe doesn’t create employer liability

09/17/2012

Sometimes, customers or clients make inappropriate remarks. How managers respond to those comments is important. Put on the spot, they may be at a loss for words. That may not be ideal, but it isn’t enough to create liability for the employer.

6th Circuit weighs in: What makes a bias complaint protected?

09/13/2012
Employees who complain about alleged discrimination are protected from punishment under the so-called opposition clause of Title VII. Not every vague allegation, however, amounts to opposition.

Harassment investigation costs Butler County $45K

09/13/2012
Butler County taxpayers now know that hell hath no fury like a court reporter scorned. When a nine-year affair between Judge Michael Sage and court reporter Jennifer Olivier ended, the strain was felt throughout the courthouse.

Prompt investigation cuts co-worker harassment liability

09/13/2012
Employers that promptly investigate sexual harassment claims aren’t liable for co-worker harassment.

If your new hire can’t physically perform the job, feel free to terminate

09/13/2012
Sometimes, a female applicant believes that she has the skills and ability to do a very strenuous job even if she hasn’t tried before. Go ahead and give her a chance, knowing that if it doesn’t work out, you can terminate her. Just make sure you document everything.

Fired for insisting on legal compliance, HR pro will get his day in court

09/13/2012
Here’s some encouragement for HR professionals caught in a seemingly no-win situation. If you are fired for insisting that the company comply with anti-discrimination laws, you probably can sue.

Beware lawsuits when top brass spouts bias

09/13/2012
When those at the top of the organizational chart make racist and other offensive comments, trouble is sure to follow. Not only do slurs often bring negative publicity, but they also taint otherwise independent employment decisions.

HR suspects discrimination? Lawsuit just got stronger

09/10/2012
An employee must levy very specific allegations for a bias complaint to become protected activity—unless HR already suspects discrimination.

Management won’t back boss’s discipline? That’s not automatically discrimination

09/10/2012
A supervisor can’t successfully sue for discrimination merely because management fails to back up his decision to discipline a subordinate. The supervisor must prove that management didn’t support his decision because of his membership in a protected class.

Follow up with harassed employee to check for retaliation–and prevent future lawsuits

09/10/2012
When an employee complains about sexual harassment, protect yourself against a later retaliation lawsuit by following up with her. Your goal: To get her on record as experiencing no backlash, thus making it harder to sue for retaliation.