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Discrimination / Harassment

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.

Hair triggers religious bias suit against Taco Bell

09/22/2011
A Fayetteville Taco Bell faces discrimination charges after it fired a long-term employee for failing to follow company grooming standards. Christopher Abbey had worked at the restaurant for six years before the length of his hair became an issue. Abbey subscribes to the Nazarite faith, which upholds Old Testament teachings that long hair shows one’s devotion to God.

Treating some minorities well doesn’t excuse bias against others

09/21/2011
By now, every employer understands that Title VII prohibits discriminating against employees because of their race. A recent 7th Circuit case makes clear a subtle but important point about race bias: Employers can’t de­­fend discrimination against some members of a protected class by claiming they don’t discriminate against all members of that class.