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Discrimination / Harassment

New ADEA regulations final–with little help for employers

04/19/2012
On March 29, the EEOC issued a final rule amending its regulations regarding the “reasonable factors other than age” defense under the Age Discrimination in Employ­­ment Act (ADEA). The final rule will make it more difficult for employers to defend age-bias claims brought under the ADEA.

Harassment + retaliation + defamation = $168 million

04/19/2012
A federal jury in Sacramento unanimously awarded $168 million in damages and lost wages to a physician assistant for various claims lodged against her former employer, Catholic Healthcare West (CHW).

Comment alone won’t support hostile environment claim

04/19/2012

Some employees think all criticism equals harassment—the slightest insult triggers an angry response and a formal complaint. When that happens, investigate the claim. If there’s nothing to it, say so and move on. You may be sued, but chances are the case will quickly be dismissed.

Remove offensive materials, then educate staff

04/19/2012
When sexually offensive signs or pictures appear in the workplace, it’s smart to remove them right away. But getting rid of tasteless material isn’t enough to stop a harassment lawsuit. This case shows that it pays to go one step further by educating employees on harassment.

Stop harassment suits before they start! Follow up with employees after every complaint

04/19/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you won’t tolerate retaliation, and be sure to check back at least once following the investigation.

Know the difference: Race discrimination isn’t the same as national-origin discrimination

04/19/2012

Not all discrimination cases are created equal. For example, race discrimination is prohibited by two laws: Title VII of the Civil Rights Act of 1964 and a much older statute called Section 1981. Enacted following the Civil War, Section 1981 bans discrimination based on race in contracting. It gives employees claiming race discrimination one more way to sue.

Be prepared to explain why women earn less than men doing the same work

04/19/2012
If you pay women and men different rates for the doing the same work, you had better have a good reason—one that can stand up in court. Otherwise, you’ll probably wind up on the losing end of an Equal Pay Act (EPA) lawsuit.

Bias against German cop costs Chicago $30,000

04/19/2012
The city of Chicago must pay one of its police officers $30,000 after a jury found the Chicago Police Department tolerated discrimination by a police sergeant.

Make sure employees know how to complain

04/16/2012
One of the only ways to protect your company from hostile work environment lawsuits is to provide a way for employees to complain. Then investigate the allegations.

Punish bosses who don’t report harassment

04/16/2012
Before you can fix a problem like offensive graffiti in the workplace, you have to know it exists. Short of conducting spot inspections, the only way you will know what’s going on away from headquarters and in the trenches is from employee and supervisor complaints.