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Discrimination / Harassment

Big Pepsi settlement shows background check peril

01/25/2012
Pepsi Beverages will pay $3.1 million to resolve EEOC charges that it discriminated against minorities when it refused to hire applicants with arrest records.

It’s OK to discipline employees for stonewalling HR investigations

01/24/2012

Sexual harassment allegations often come down to he said/she said arguments. Without hearing from both sides, there’s no way to determine what happened. If one of the employees involved in the allegations won’t talk, you can discipline him for refusing to co­­operate and the courts will back you up.

San Francisco janitors, former employer settle race-bias suit

01/20/2012
A group of seven San Francisco janitors will split $180,000 to settle an EEOC lawsuit that alleged ABM Industries discriminated against His­­panic employees and retaliated against those who filed discrimination complaints with the EEOC.

Boss recommends firing minority worker? Check the record for hidden supervisor bias

01/20/2012
Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor per­­former, rubber-stamping that decision can mean losing a discrimination lawsuit.

Immunize hiring processes against bias suits

01/20/2012
With so many qualified people applying for jobs these days, it’s much harder for unsuccessful candidates to win hiring discrimination lawsuits. That’s because em­­ployers choosing the best candidate often zero in on one bit of experience or a skill that stands out from other applicants. It’s hard to argue that that’s discrimination.

Gospel truth: You must accommodate employees’ religious needs

01/18/2012
Charges of religious discrimination filed with the EEOC have increased steadily in recent years. One recent case provides a powerful reminder that employers are obligated to reasonably accommodate an employee’s religious beliefs and practices.

Feds rock Brunswick’s boat, charge gender discrimination

01/18/2012
The federal Office of Federal Con­­tract Compliance Programs (OFCCP) is suing a subsidiary of Lake Forest-based Brunswick Corp.—Lund Boat Co., located in Minnesota— alleging it discriminates against women in its hiring practices.

Notice date–not workers’ last day–starts lawsuit calendar

01/18/2012
Employees don’t have forever to sue for wrongful termination—and the clock may start ticking even before their last day on the job. That can mean all the difference in court.

No requirement to break up love triangles–but be prepared for workplace violence

01/18/2012

When romance blooms at work, trouble may lurk not far behind. That’s especially true when co-workers fight over the same love interest. A spurned employee may be out to get her rival, leading to all sorts of conflict. Fortunately, this isn’t the sort of thing that employers have to intervene in—as long as there’s no workplace violence.

Inability to perform a specific job doesn’t mean employee is disabled

01/18/2012

Some employees seem to believe that every medical problem is a disability that requires accommodation. That’s not true. Employees aren’t disabled unless their condition substantially limits a major life function. If the only effect is an inability to perform a specific job—not a class of jobs—the employee isn’t disabled and doesn’t have to be accommodated.