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Discrimination / Harassment

Employee gets second chance to prove EEOC complaint

10/12/2011
Didn’t receive a copy of an EEOC complaint within 300 days of when you discharged an employee? Ordi­­narily, that would mean you could rest easy, knowing that no lawsuit could arise. But that’s not always the case.

Saving grace: Hostile environment in one area can’t prove discrimination companywide

10/12/2011
Here’s a small measure of comfort if your company is caught in a hostile environment scandal involving a single division or facility: Employees who sue for discrimination in other departments, divisions or locations can’t use those cases against you in court unless they were directly affected by that particular hostile environment.

Be patient and scrupulously fair when dealing with litigious employee who has complained

10/12/2011

Employers will win in the long run if they exercise restraint and use patience when dealing with an employee who clearly is looking for a lawsuit. It will take work.

After suing for discrimination, firefighters’ sanity questioned

10/11/2011
A federal judge has ruled that two Pasco County firemen who are suing the county for discrimination must undergo mental fitness-for-duty examinations before they can return to work. The firemen failed to convince the judge that the examinations amounted to retaliation for filing suit against the county.

HR detective: How to solve the classic ‘he said/she said’ mystery

10/11/2011
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Mondays off for religious reasons: Is this legit?

10/11/2011
Q. We have an employee who claims to belong to a religious sect I have never heard of. Their alleged holidays always occur on Mondays. Do I have to give her these holidays off?

Handle criminal inquiry with care, sensitivity

10/10/2011

No one likes being accused of a criminal offense if they are innocent. Be careful about making such accusations publicly—you could end up being sued for defamation or intentional infliction of emotional distress. But that doesn’t mean you can’t investigate apparently missing funds and similar, possibly criminal cases.

Take it on faith: You can accommodate religious diversity

10/07/2011
Title VII of the Civil Rights Act of 1964 prohibits em­­ployers from discriminating against employees based on their religious beliefs. As America becomes more diverse, employers are facing more issues that concern employee faith, including requests for time off and dress and grooming standards.

New for New York employers: union posters, NYC religious accommodation

10/07/2011
The National Labor Relations Board has ruled that private-sector employers must post a notice advising employees of their right to join a union. And a new amendment to the New York City Human Rights Law imposes a higher burden on employers that assert that accommodating an employee’s or pros­­pective employee’s religious observance or practice would constitute an “undue hardship.”

Lake Champlain pizza parlor faces sex harassment charges

10/07/2011
The EEOC is suing Angelo’s Pizza and Grill in Rouse’s Point on the shores of Lake Champlain, alleging that three managers subjected female employees to unwanted sexual advances and lewd comments.