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Discrimination / Harassment

Retaliation can stick even if underlying complaint doesn’t

07/12/2012
Employees who report harassment are protected from retaliation, even if the underlying complaint lacks merit.

Document decision-making criteria before choosing who stays and who goes in RIF

07/12/2012

Courts understand that during a RIF, perfectly competent employees may lose their jobs. Any legitimate business reason can back up that decision. Just make sure you document the reason before you terminate anyone.

Changing compensation systems? Here’s how to avoid age discrimination claims

07/12/2012
If you are contemplating changing your compensation structure to reflect today’s lean job market, do so carefully—especially if you suspect you may be overpaying some employees for the work they do. The problem: Older, more experienced workers may be at the top of your pay scales.

One innocent interview question that could land you in court

07/12/2012

Do you ask applicants what year they graduated from high school or college (or otherwise finished their education)? Does your application re­­quest that information? Watch out!

Keep detailed, contemporaneous records to show you are vigilant and consistent about discipline

07/08/2012
Lots of discipline takes place out of sight of most employees. Employees may be reprimanded or otherwise punished for inappropriate behavior without co-workers ever finding out. Sometimes, even the employee who raised the original problem—for example, harassment or an inappropriate joke—may not know the outcome.

DOL issues guidance on employing older workers

07/05/2012
The DOL’s Office of Disability Employment Policy commissioned a study to explore barriers to employing the disabled and guidance for employers in hiring and managing disabled em­­ployees. The study urges employers to follow these strategies to avoid age discrimination complaints:

Court curbs NYDHR’s jurisdiction on harassment, bias cases

07/05/2012
On June 12, the New York Court of Appeals held that the New York State Division of Human Rights does not have jurisdiction over discrimination and harassment complaints filed by public school students under the New York Human Rights Law.

Manhattan school can’t dance away from age-bias claim

07/05/2012
Marymount Manhattan College’s refusal to hire a 64-year-old choreography instructor for a tenure-track position has left the New York City liberal arts school tap dancing around age discrimination charges.

Equal opportunity discipline: Don’t let rogue bosses subvert your anti-harassment policy

07/05/2012

If you set rules for employees to follow, then make sure everyone in the organization follows them. That includes supervisors. Otherwise, your policies aren’t worth the paper they are written on.

HR director sues over president’s hiring preferences

07/05/2012
The former HR director at J. Chris­­to­­­pher Capital has filed a $1 million lawsuit against the Manhattan ven­­ture capital firm, claiming the company’s founder stated that he only wanted gay men and beautiful women working for him.