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Discrimination / Harassment

Lancaster plant finds itself on losing end of federal case

09/28/2011

ALCOA Mill Products will pay more than half a million dollars to resolve accusations it discriminated against black, Hispanic and female applicants for material handler positions at its Lancaster plant. The plant fulfills orders under a contract with the U.S. Army.

Courts impatient with workers who act as their own lawyers

09/28/2011

Employees who can’t find an attorney to represent them when they sue their employers sometimes decide to represent themselves. This makes for more work for the courts. But judges are beginning to lose pa­­tience.

Zero-tolerance drug policy? Make sure you uniformly apply it to all

09/28/2011
Do you have a zero-tolerance rule against employees who use or possess illegal drugs at work? If you don’t apply it to all employees who break the rule, you will be sued.

Conduct truly independent investigations to ferret out retaliation by rogue supervisors

09/28/2011
Employers are liable for the discrimination perpetuated by supervisors unless they can show that, before accepting a supervisor’s termination recommendation, they conducted an independent investigation. Employers that don’t conduct a truly independent investigation—including allowing the subordinate to present his version of events—can still be liable.

Firing? Document reasons–and stick with them

09/28/2011
Here’s a tip to keep in mind the next time you must terminate an employee: Even if you don’t intend to tell the worker why he is being fired, be sure to carefully document the reasons. That way, if you are challenged later in court, you can point to the contemporaneously produced record as evidence you had a legitimate, business-related reason for your decision.

Worst defense award: ‘She’s too ugly to harass’

09/28/2011
A Brooklyn woman filed a sexual harassment claim, saying she faced a gauntlet of both verbal and physical sexual harassment in her first year working at a realty office. The company owner’s response? “Who would want to touch her? She’s an ugly girl anyway.”

Remind managers to track verbal discipline, too

09/23/2011
Employees don’t go from good to terrible instantly. There is usually a slow and steady decline. Be sure that the process is carefully documented, right from the very first verbal warning.

In discipline, it’s the details that matter

09/23/2011

Employees who believe they have been disciplined more severely than co-workers may blame the disparity on some form of discrimination. They may think that their age, sex, national origin or some other protected characteristic is the real reason. Even if you know you haven’t been biased, be prepared for the accusation.

Dollar General to pay $50K to settle harassment lawsuit

09/22/2011
Three former Dollar General em­­ployees will split $50,000 now that the retailer has agreed to settle an EEOC lawsuit that claimed it failed to adequately address sexual har­assment complaints against a male manager who worked at stores in Greensboro and Pleasant Garden.

Terminating pregnant employee? Gather proof you would have done so despite condition

09/22/2011

Some employees think that if they are pregnant, they can’t be fired. While it’s true that firing someone because they are pregnant is illegal, it doesn’t follow that every discharge involving a mother-to-be is discrimination. Be prepared to show legitimate, nonpregnancy-related reasons for your action and you should survive a lawsuit.