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Discrimination / Harassment

You can demand a mental exam if you’re sued for emotional damage

06/07/2011
Employees who claim they worked in an environment so sexually hostile that they suffered psychological damage may have to undergo a mental examination and intensive testing before the case goes to trial. It’s the only way an employer can determine whether the alleged damage was indeed related to the harassment, or perhaps came from another source.

Suspect medical excuse is bogus? Ask employee for a (real) doctor’s note

06/07/2011
Some people will do anything to get out of work early, including lying about their child’s health. One employer did the smart thing and demanded proof when it became suspicious.

Employer beats EEOC in credit-history fight

06/07/2011
The EEOC has been pushing the idea that using credit reports to screen job applicants may discriminate on the basis of race—and it’s actively pursuing cases in federal court. But now an Ohio federal court has limited the scope of a class-action lawsuit after the EEOC wanted to include many years of hiring history.

Hey, boss, call HR! Warn managers: Don’t fix complaints informally

06/07/2011

When supervisors hear someone complaining about sexual or other harassment, they may be tempted to blow it off or tell the co-workers involved to stop it. That’s not good enough. To prevent a successful employee lawsuit, you must impress on first-line supervisors and managers that it’s their responsibility to report any sexual harassment complaint to HR or other appropriate company official.

Bipolar worker making threats: Accommodate or terminate?

06/07/2011

In the past few months, several Holly­wood celebrities—including Cath­erine Zeta-Jones and Demi Lovato—have publicly announced they suffer from bipolar disorder, a mental illness defined by high and low mood swings. But what if a bipolar employee ex­­hibits threatening behavior—can you discipline her, or must you accommodate the disability?

Bias lawsuit? Instead of settling or litigating, move to dismiss

06/03/2011

Does this sound familiar? An employee you fired for cause is either unable or unwilling to accept responsibility for poor performance and files a lawsuit claiming unlawful discrimination. The pending litigation forces the em­ployer into a sticky dilemma …

Lawsuit alleges $5 million grope in NYC HR office

06/03/2011
A woman who used to work for New York City’s Human Resources Administration has filed a multimillion-dollar lawsuit against a former supervisor she says drunkenly fondled her. The city agency and the union that represents agency employees are also named as defendants.

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

Former Rochester schools chief, now in Chicago, under fire

06/03/2011
Educators in Rochester are suing Jean-Claude Brizard, who headed the city’s school system for three years before being tapped to run Chicago’s schools.

Reconsidering decision? Act fast to fix it

06/03/2011
Here’s a tip for employers that make snap decisions and then quickly reconsider: Don’t hesitate to fix the problem; that could convince a court to toss out a lawsuit.