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Discrimination / Harassment

EEOC says Texas Roadhouse won’t hire well-aged workers

10/18/2011
The EEOC has filed suit against the Texas Roadhouse, claiming the na­­tional restaurant chain discriminates against older workers by denying them “front of the house” hourly po­­si­­tions, steering them instead into kitchen jobs or refusing to hire them.

Be alert for retaliation suit if manager reports that a colleague discriminates or harasses

10/18/2011

It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.

Take control of your internal complaint process

10/18/2011
Employees can’t be punished for reporting alleged discrimination. That would be retaliation. But with­­in reasonable limits, managers have the right to tell employees how to report alleged discrimination.

Personality clash or hostile work environment? It depends on hypothetical ‘reasonable person’

10/17/2011

Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.

Muslim DA’s bias suit against Youngstown moves on

10/12/2011
A federal judge has refused to dismiss a Youngstown prosecutor’s religious discrimination suit against the city. Basil Ally complained to the Ohio Civil Rights Commission and then sued, alleging he had been discriminated against because of his Muslim faith. His lawsuit claims co-workers sometimes teased him, suggesting that he was connected to Islamic terrorists.

Minor concentration problems don’t count as disabilities

10/12/2011
In today’s world of work, lots of em­­ployees experience stress, which sometimes manifests itself in panic or anxiety attacks or problems concentrating. But that does not mean the employee is disabled.

Keep close tabs on your head count: Volunteers may be ’employees’ under Title VII

10/12/2011
Don’t think you have enough employees to be covered by Title VII’s anti-discrimination provisions or other laws? If volunteers help your organization accomplish its work and you don’t count them, think again.

Track promotion applications to check for bias

10/12/2011
You can’t be sure there’s no hidden bias in your promotion process unless you check. Conduct your own informal investigation so you’ll be prepared for possible litigation. That way, if you find a problem, you can fix it before things get out of hand.

Ensure that arbitration agreements are clear

10/12/2011

Employers may be sold on the advantages of arbitration over litigation and want to give the proc­ess a try. But if they don’t do it just right, chances are they’ll end up spending more time and money. That’s because employees may go to court to challenge an employer’s right to arbitration, adding what amounts to a second lawsuit to the underlying complaint.

What are the pitfalls of conducting background investigations on job applicants?

10/12/2011
Q. We use an outside company to conduct criminal background checks on applicants. The company asked us if we were interested in having it conduct searches on applicants’ past civil claims. Is that something we should do?