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Discrimination / Harassment

The innocent question that could land you in court: When did you graduate?

05/16/2012

Do you ask applicants when they graduated from high school or college or otherwise finished their education? That seemingly innocuous question could trigger an age discrimination lawsuit if an applicant’s graduation year makes it clear he’s 40 or older and you wound up hiring someone younger.

Don’t get burned by ‘cat’s paw’ liability: When employee complains, beware boss retaliation

05/16/2012
In management training, you no doubt tell supervisors that they’re not allowed to punish employees for filing discrimination complaints or testifying in other employees’ cases. But what should you do if—despite your warnings—one of those employees seems to be getting lots of disciplinary warnings?

EEOC pushes forward on Hispanic-bias cases

05/16/2012

When the EEOC declared it was starting an enforcement effort aimed at protecting Hispanic ­workers from harassment and discrimination, smart employers promptly looked at their organizations and corrected any problems. Those that didn’t are now paying the price.

Best defense against harassment complaints: Robust policy and prompt investigations

05/14/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy …

Beware warnings that could limit future pay

05/14/2012

Most HR professionals assume that a warning letter isn’t an adverse employment action and there­­fore can’t be the basis for a lawsuit. And that’s largely true. But if the warning letter also mentions restrictions on how well the employee will be rated at evaluation time, there may be trouble.

FedEx pays $3 million to settle hiring bias charges

05/10/2012
FedEx Ground has agreed to pay $3 million to resolve allegations by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) that the company’s hiring practices were discriminatory.

Don’t fall into the retaliation trap: Handle ‘toxic’ worker’s complaint with care

05/10/2012

Some employees are nothing but trouble. They complain constantly, and even gripes that might have some merit are often exaggerated. However, you must think twice before you summarily terminate such an employee. Reason: You could be falling straight into a retaliation trap. Treat such toxic workers with care.

It’s not bias: Set cutoff date for receiving applications

05/09/2012
Protect your company by tracking when you received each completed job application. You can easily justify a cut-off point, based on the order in which you received complete applications.

Don’t let pregnancy worries affect job assignments

05/09/2012
When discrimination based on pregnancy plays a part in a demotion or termination, the employee has a case under the Pregnancy Discrimination Act. Paternalistic beliefs that pregnant women need protection should not be part of the reason for any action, even if well-intentioned.

Will your decisions hold up in court? Be prepared to explain apparent contradictions

05/09/2012
If you offer contradictory reasons for hiring one applicant instead of another, be prepared to explain away the inconstancy. Otherwise, you may be vulnerable to a discrimination lawsuit.