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Discrimination / Harassment

Insensitivity alone doesn’t create a hostile environment

08/11/2011
Employees sometimes spot a pattern of outright hostility from a series of other­wise innocuous acts. That can lead to a hostile work environment lawsuit.

Chicago’s Jackson Park Hospital faces bias, retaliation charges

08/11/2011
The EEOC is suing Jackson Park Hos­pital and Medical Center for race dis­crimination and retaliation, alleging that the South Side Chicago institution condones race bias and retaliated against workers who complained about discrimination.

Don’t sweat it: Small slights don’t equal bias

08/11/2011

Overly sensitive employees can be quick to perceive “discrimination.” They may look at others’ actions as hostile, based on past experiences elsewhere. But that doesn’t mean a court will agree and punish an employer that hasn’t discriminated. Reality: It takes more than a few slights to make a winning discrimination case.

What not to say: ‘Playing the race card’

08/11/2011

Some comments spell nothing but trouble. That’s why you should ban them from the workplace, at least when spoken by anyone holding a super­visory role. One of the most inflammatory statements: the all-too-common “playing the race card.”

Employee alleges hostile environment? Act fast to identify culprits, repair damage

08/10/2011

Fortunately for employers, courts measure a hostile work environment against the “reasonable employee” standard. If a reasonable employee would not find the conduct hostile, then it doesn’t matter how intensely a particular employee reacts to allegedly hostile acts. The idea behind the standard is to protect employers from exaggerated claims, especially when it is clear the employer took the allegations seriously and moved to prevent further problems.

Clear and fair hiring process yields the best candidates–and impresses judges

08/10/2011

Employers that develop clear, fair and transparent hiring processes seldom have to worry about losing a failure-to-hire lawsuit. That’s true even if they end up using so-called subjective reasons for not hiring a candidate. Simply put, judges are impressed when it looks like a potential employer bends over backward to ensure it doesn’t discriminate.

Case against Schwan’s heats up as court backs EEOC

08/10/2011

Marshall-based frozen food giant Schwan’s attempt to quash an EEOC subpoena was stopped cold when the 8th Circuit Court of Appeals ruled the company must hand over a list of 600 Schwan’s general managers, their genders and dates of hire. The EEOC demanded the documents in connection with a sex discrimination case filed by a former employee.

Use break room posters to cut legal liability

08/10/2011

Employers know they are supposed to provide their employees with in­­­­for­mation about how to handle discrimination or harassment. Most employers put up a poster on a break room bulletin board to outline the process. This simple practice can prove invaluable when an employee tries to use ignorance as an excuse for not complaining right away.

Court: One less way to claim promotion bias

08/10/2011
The 8th Circuit Court of Appeals has refused to expand the ways in which employees who are passed over for promotions can sue. It turned down a request to allow a lawsuit alleging that previously denied promotions could be considered as evidence of bias in later promotion denials.

Jewish home fires Seventh Day Adventist for observing Sabbath

08/08/2011
File this one under “Hard to believe, but true.” A Boca Raton nursing home called Menorah House has fired a certified nursing assistant because she insisted on observing her religion’s Sabbath. She filed a complaint with the EEOC claiming she had been fired in violation of Title VII of the Civil Rights Act.