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Discrimination / Harassment

Inspect, investigate ASAP to prevent hostile work environment from festering

05/09/2012
A good attorney will urge a discharged employee to try to remember any problems she had at work. Any perceived unfairness then becomes part of the employee’s lawsuit. The more grievances, the more likely that at least some of the complaints will make it to court, even if other claims are tossed out. That’s one more reason to deal immediately with workplace problems that crop up …

The top 10 harassment excuses … and how to see through them

05/09/2012

When you get wind of a potential harassment situation at work, one of HR’s first steps is to talk to the alleged harasser. It’s highly unlikely you’ll get a full confession in that first meeting. Your role is to sort through the explanations to identify the truth. Be on the lookout for these 10 common excuses:

Before approving discipline, check last review

05/07/2012
When a supervisor recommends discipline or anything else that could be viewed as an adverse employment action, be sure to check the employee’s latest evaluation before you approve it. If what the boss says is currently going on appears inconsistent with the evaluation, find out why.

Alleged retaliation draws lawsuit for Dollar General

05/04/2012
Retail giant Dollar General faces a retaliation suit after it fired two workers from its store in Marion.

Jury will decide artificially inseminated teacher’s lawsuit

05/04/2012
A controversial Pregnancy Dis­­crimi­­nation Act lawsuit involving an un­­married woman who was artificially inseminated and who teaches at a Cincinnati Catholic school will go to trial following a federal court ruling.

Counter bias claims: Show how your rational promotion process selects best candidates

05/04/2012
When it comes to promotions, smart employers make sure they carefully document the selection process. That way, if an employee challenges the decision, the company will have something compelling to show the court.

It’s just putting off the inevitable: Don’t let management shrug off hostile work environment

05/04/2012
Having trouble persuading upper management to get proactive about harassment and hostility complaints? Remind them that ignoring such a problem will only make it ­fester—until someone decides to sue.

Do you give different leave to working moms and dads?

05/04/2012
Do you sometimes grant employees “­special leave” to take care of their school-age kids? Beware if you allow special leave for mothers in your workplace, but not for fathers. One court just warned, “A company’s ‘special leave’ not grounded in law just may be discriminatory.”

Federal contractors: No action on gay-bias rule

05/04/2012
While the DOL cleared an executive order that would have made it illegal for federal contractors to discriminate against employees (or applicants) based on their sexual orientation, President Obama is not expected to sign the order, although he favors the idea.

Age bias suits: New rules on ‘reasonable factors other than age’

05/03/2012
The EEOC’s new ADEA regulations lay out several considerations to guide courts and em­­ployers and employees in determining whether factors used in deciding on a particular employment practice pass the “reasonable factors other than age” (RFOA) test.