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Discrimination / Harassment

When employee’s religion conflicts with duties, explore reasonable accommodations

03/13/2012
More and more, employees claiming deeply held religious beliefs are refusing to perform parts of their jobs they believe conflict with their faith. Offering a reasonable accommodation is the best approach.

Seek ways to show worker didn’t feel harassed

03/13/2012

Employees have to prove two things when they allege they had to work in a sexually hostile environment. They have to persuade the court that, objectively, the environment was toxic. They also have to show that subjectively they felt harassed. Smart employers can attack the second claim …

Let ’em know: Post all promotion opportunities

03/12/2012

Here’s an easy fix for a poten­tially big problem: Post all promotion openings. If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost pro­ductivity.

Trying case in court of public opinion can backfire

03/09/2012
Employers that leak information re­­lated to employee lawsuits can wind up doing more harm than good if the publicity prompts a jury to jack up awarded damages.

When RIF costs protected employee’s job, take care how you reassign the work

03/09/2012
Here’s something to consider when planning a reduction in force: If you know the move will mean someone in a protected class will lose his job, think strategically in case he sues.

2 great candidates? Document why you chose 1

03/09/2012

How you choose among candidates for promotion may spell the difference be­­tween losing and winning a lawsuit. Always document the decision-making process, especially when candidates are equally qualified. Later, you may have to explain the decision in court—and your reason had better be a good, business-related one.

Houston restaurant chain faces EEOC harassment suit

03/08/2012
Two former bartenders at Houston’s Berryhill Baja Grill have filed sexual harassment suits against the restaurant, alleging that a manager constantly harassed and groped them—and at least once, exposed himself to them.

Thwart retaliation claims by documenting your rationale for handling of original complaint

03/08/2012
The fastest growing category of discrimination complaints is retaliation. The reason is simple: They are easier to win than underlying discrimination cases. All an employee has to prove is that his employer punished him in a way that would dissuade a reasonable employee from complaining in the first place. Be prepared.

Borderline harassment worry? Take it seriously before it escalates into a lawsuit

03/08/2012
There’s a fine line between horsing around and true sexual har­­ass­­ment. But if you ignore that line—or guess wrong about whether a supervisor has crossed the line—you may find yourself at the mercy of a jury.

Stop unpleasantness from becoming harassment

03/08/2012
When a work environment be­­comes toxic, employees may argue, call each other names and otherwise make work life miserable for others. Soon, it could degenerate into bullying. Let that continue, and you could be risking a lawsuit.