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Discrimination / Harassment

Problem employee both brash and unskilled? Focus on performance issues when disciplining

03/01/2012
Where should you focus if an employee is both difficult to get along with and doesn’t perform as well as she should? It’s actually an easy call. Avoid a potentially successful lawsuit by focusing on poor performance rather than demeanor or other subjective problems.

A 360-degree review can be used to show process was fair

03/01/2012

Some employees can never seem to see that their bad attitudes and behaviors cause workplace problems. Confronted with complaints, they inevitably claim their subordinates or customers are wrong. When they’re finally terminated, they’re quite likely to sue. That’s when it’s handy to have a performance appraisal process that uses 360-degree reviews.

Always assume termination will be challenged

03/01/2012

Here’s a good rule of thumb when disciplining employees: Consider it a given that if discipline leads to termination, the entire disciplinary decision-making process will be challenged in court. That’s why you must carefully document every disciplinary action, starting with warnings.

Boss recommends firing? Check for bias

02/27/2012
Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.

Raleigh KFC agrees to settle EEOC harassment lawsuit

02/24/2012
A Kentucky Fried Chicken franchisee will pay $277,000 to resolve sexual harassment complaints from a group of women who worked at a store in Raleigh.

Winston-Salem Dairy Queen faces harassment charges

02/24/2012
The manager of a Winston-Salem Dairy Queen restaurant thought he was getting rid of a problem employee when he fired Chastity Hill-Cox. His problems were only beginning. The EEOC and Hill-Cox are suing Dairy Queen for sexual harassment …

What turkey fired the HIV-positive employee?

02/24/2012
Butterball, the Garner-based turkey processor, faces EEOC disability discrimination charges after it allegedly tolerated harassment against an HIV-positive employee and then fired her after she complained.

Workers’ comp doesn’t cover supervisor sexual harassment

02/24/2012
When a supervisor sexually harasses a subordinate, the subordinate has a potential Title VII lawsuit. However, she does not have a workers’ compensation claim.

Matrix workers clean up with EEOC bias settlement

02/22/2012
Matrix Integrated Facility Management, one of the Philadelphia area’s largest commercial janitorial firms, will pay $450,000 to 15 former employees to settle EEOC race discrimination and retaliation charges.

Panera Bread gets double helping of bias litigation

02/22/2012
A Panera Bread franchisee faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive.