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Discrimination / Harassment

Limiting same-sex perks, DOMA ‘unconstitutional’

06/20/2012
A federal district court has ruled that the federal Defense of Marriage Act (DOMA) violates the equal protection clause of the Constitution by prohibiting California same-sex couples from signing up for long-term care insurance through the California Public Employees’ Retirement System.

It’s time to review your criminal history screening practices

06/18/2012
In April, the EEOC issued a new Enforcement Guidance document on the use of criminal history information in making hiring and other employment decisions. In light of the guidance and the EEOC’s increased focus on discrimination in hiring, employers should review and update their criminal history screening policies and practices.

Minnesota backs away from edge of retirement ‘cliff’

06/18/2012
The Minnesota state government has settled the last age discrimination claims resulting from early retirement packages offered to state employees.

ADA alert: Define essential job functions before anyone requests reasonable accommodations

06/18/2012
Unless you’re willing to risk losing an ADA reasonable accommodations lawsuit, don’t wait to define the essential functions of your employees’ jobs.

More Minnesotans filed EEOC complaints last year

06/18/2012
Minnesotans filed 46 more discrimination complaints with the EEOC in fiscal year 2011 than they did in 2010. The 1,204 complaints represented 1.2% of all EEOC charges filed in 2011.

‘Innocent’ touching can still be sex harassment

06/18/2012
For some supervisors, being a good boss is literally a hands-on job. They’re constantly patting workers on the back or wrapping them up in an innocent hug. But watch out if they’re “touchier” with female subordinates.

Don’t count on EEOC to pay your legal bills

06/18/2012
The jubilation was short-lived after an employer won what would have been a significant victory that might have reduced the number of cases the EEOC litigates. Alas, an appeals court quickly turned the tables.

Performance improving? Let probation continue

06/15/2012

Here’s a warning to employers that use a progressive disciplinary system: Follow it—for everyone. Cutting the process short except for good, solid reasons is asking for trouble. Performance improvement plans are a good example.

New boss raises the bar? Give worker a chance to improve, discipline if she doesn’t

06/15/2012

Some supervisors are more forgiving than others. Many times, that means a marginal employee may never improve until a new supervisor arrives and insists on better performance. If that happens and the employee struggles to rise to the occasion, be careful before you terminate her.

One rule, two employees, two violations: Document why discipline wasn’t identical

06/15/2012

When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.