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  • HR Specialist: Employment Law
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Discrimination / Harassment

Committee choosing employees for promotion? Insist on complete record of selection factors

10/04/2011
It’s hard picking which employees to promote and which ones to pass over, especially when a committee must make the decision. The HR professional overseeing the selection process should get proactive by insisting that the committee document the proc­­ess.

EEOC: Something fishy about Bass Pro’s hiring patterns

10/04/2011
An EEOC lawsuit claims the Bass Pro Shops outdoor sporting goods retailer has been discriminating against black and Hispanic job applicants since at least 2005. The alleged reason: Minority employees wouldn’t fit the stores’ “corporate profile.”

Make bosses justify hiring, promotion choices

10/04/2011
Insist that all those involved in the hiring process document why they chose the candidate they did. That way, if a hiring manager inadvertently used hiring criteria that may have had the appearance of being biased, you can use those alternative reasons to de­­fend against a discrimination lawsuit.

Even stupid remark won’t sink legitimate discharge case

10/03/2011
Supervisors sometimes say incredibly dumb things. But those remarks won’t necessarily create liability—if you have carefully documented employee performance.

Cut retaliation liability risk by taking action on all harassment complaints

10/03/2011

All too often, sexual harassment involving just two people de­­volves into a he said/she said stand-off. But if the alleged harassment occurs at work, you must act to stop it or you’ll risk liability. Fortunately, you don’t have to be absolutely right about what happened.

Have a progressive discipline system? Beware giving more leeway to younger employees

10/03/2011

It might make sense to give newer employees a bit more leeway when it comes to discipline for poor job performance. After all, sometimes it takes time to learn a job well. But if the newer employees happen to be younger than another, older employee who doesn’t get the same benefit of the doubt, you may spark an age discrimination lawsuit.

Is it a personality conflict or discrimination? Let investigation guide your response

10/03/2011
There are times when a supervisor and a subordinate simply can’t get along. It’s important for HR to distinguish between a personality conflict and discrimination. The former is cause for concern because it is disruptive and counterproductive. But the latter must be dealt with immediately and firmly—because it’s illegal.

Know union rules on probationary employees

10/03/2011
You won’t find many employers extolling the upsides of having a unionized workforce, but there is one advantage. If your union contract provides for a probationary period before an employee becomes a permanent part of your workforce, you may have more discretion in how you discipline the new em­­ployee.

Employee complaining about bias? Always investigate before imposing any discipline

10/03/2011

Don’t let down your guard just because an employee’s discrimination complaint lacks merit. He could still have a legitimate retaliation claim. Simply put, if a supervisor punishes an employee after he complains about discrimination, you can still be found liable even if there was no discrimination in the first place.

Poor performer has complained? Read this before firing!

09/28/2011

Employers usually don’t have a problem terminating an em­­ployee for poor performance if the employee has never raised any kind of discrimination claim. But somehow, as soon as an employee goes to the EEOC (or even just HR) with a complaint, the same employer doesn’t know what to do. Should you terminate the em­­ployee and face a potential retaliation suit?