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Discrimination / Harassment

Be prepared to explain why hiring criteria favor experience more than education

05/30/2012
Some jobs demand relevant, real-world work experience. If a failed applicant sues, claiming a college degree should have trumped on-the-job experience, you’ll probably win—if you can justify your experience requirements.

Facing an EEOC claim: Can we ‘stall’ it to death?

05/28/2012

Q. How is it possible to get out of an EEOC discrimination complaint if the employee has tape recordings to prove the claim? Can we prolong the process so the time can run out or is there no time limit in how long the EEOC waits for a position statement from us?

Long hair nets settlement in Taco Bell religious bias case

05/25/2012
A Taco Bell franchisee in Fayetteville has agreed to settle a religious discrimination lawsuit filed by the EEOC. The commission sued last year on behalf of an employee who had worked at the restaurant for six years before the length of his hair became an issue.

Sexual orientation can be basis for discrimination suit

05/25/2012
In a case likely to be controversial, a federal court has allowed a bisexual/gay teacher to sue his principal for alleged sexual orientation discrimination. The teacher brought the claim under the equal protection clause of the U.S. Constitution.

Promises, promises: Well-intentioned words may send fired employee in search of an attorney

05/25/2012

Here’s a valuable tip when discharging an employee: Don’t make promises you can’t keep. It can lead to years of needless ­litigation and cost thousands of dollars in legal fees even if you win in the end.

When handing out RIF pink slips, avoid age bias claims by offering good business reasons

05/25/2012
When a company reorganizes and consolidates several positions into one, the resulting reduction in force (RIF) may affect an older employee. The employee who loses a job may feel the real reason is age and that the employer took advantage of a RIF to eliminate older workers. You can structure your RIFs to avoid losing an age discrimination claim.

Hiring preferences OK, not evidence of discrimination

05/24/2012
Not every hiring preference is evidence of discrimination. You can limit the number of applicants by setting parameters—such as considering current employees first.

Court carves out another age-bias class: Employees age 50 and older

05/24/2012
A federal court considering the question for the first time has concluded that workers over a certain age can challenge the disparate impact a reduction in force may have on that age group.

Think you solved harassment problem? Check back to make sure it really worked

05/24/2012

Let’s say one of your employees complains she’s been sexually harassed. If you conclude she may be right, it’s time to come up with an effective remedy. The harassment has to stop. If it doesn’t, it’s almost certain you will be sued. The key is following up with the complaining employee.

Outsourced staff’s race doesn’t prove bias

05/24/2012

Ordinarily, when employees claim their terminations were because of race or other protected characteristics, they try to prove discrimination by showing they were replaced by workers outside their protected class. But if the employer outsourced the work, the racial, sexual or other characteristics of the employees now performing the jobs isn’t relevant.