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Discrimination / Harassment

Authorize managers to act fast to remove offensive material from workplace

09/01/2011
Here’s a good way to stop needless sexual or other harassment claims: Empower even low-level supervisors to immediately remove any material anyone could consider even remotely offensive. The best outcome: Offensive material disappears before anyone has a chance to complain.

EEOC to N.C. janitorial firm: Clean up this debt!

09/01/2011
Access Services, a Charlotte-based janitorial services company, must ex­­plain to a judge why it failed to make court-ordered payments after it settled an EEOC discrimination lawsuit brought by a former employee.

Not every complaint is protected activity

09/01/2011

Some employees seem to believe that any complaint they make about their employer is protected activity. Thus, they may assume that any punishment they experience is retaliation worthy of a lawsuit. Fortunately, that’s not necessarily true.

Document discharge decision at time it’s made

09/01/2011
When an employee senses that she may be in trouble and about to lose her job, she may begin to review the last year or so with an eye toward filing a pre-emptory lawsuit. If she suddenly remembers alleged acts of discrimination, she’s sure to complain. But she won’t win in the end if her employer can show it made the decision to fire her before she ever complained.

How to manage ‘super-qualified’ employees

08/31/2011
With unemployment still running above 9% nationally, many people are taking jobs that are lateral—or even downward—moves in their careers. As a result, many managers are supervising employees who have far more experience than the job requires. Use the following guidelines to effec­tively manage overqualified workers and lengthen their stay:

Pregnancy bias law doesn’t guarantee leave for child care

08/31/2011

The Pregnancy Discrimination Act says it’s unlawful to discriminate against applicants and employees “on the basis of pregnancy, childbirth or related medical conditions.” But the PDA doesn’t grant pregnant workers any special, additional rights to time off for child care.

Punishing worker for loud complaint: Retaliation or legit insubordination penalty?

08/30/2011

Employers obviously can’t punish employees simply because they complain about discrimination. That would be retaliation. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter their content. That’s simply unacceptable in the workplace … and grounds for legal termination.

Keep meticulous employee performance records

08/26/2011
Face it: One of these days, a disgruntled former employee will sue your organization. You can’t predict which one—or for what reason. That’s one of the most important reasons to keep detailed and meticu­­lous records on employee performance.

Trust your fair policies: they’ll prevail in court

08/26/2011

It’s a simple fact: You can’t tell which of your employees might sue you one day or for what reason. Your only real protection is fairness. If you treat all employees equally and provide them with the same opportunities, training and discipline, chances are any lawsuit will eventually be dismissed.

Put brakes on discipline when allegations of supervisor harassment seem credible

08/26/2011
It would be naïve to think your organization’s supervisors would never sexually harass subordinates. Here’s what to do when an em­­ployee complains she’s being sexually har­­­­assed. Make sure you investigate thoroughly. Don’t approve any discipline recommended by the same supervisor until you have had a chance to verify or disprove the allegations.