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Discrimination / Harassment

Avoid constant questions about workers’ retirement

12/16/2021
When a 60-year-old HP employee got a new manager, the boss began to call him “uncle,” criticized his “old skills” and repeatedly asked when he was “going to retire.” After losing his job in a RIF, the employee sued for age bias.

Offer paid suspension while you investigate allegations

12/16/2021
When employees are accused of serious misconduct, consider suspending them with pay. It’s a way to keep alleged bad actors from doing further damage while discouraging them from suing for discrimination and retaliation.

$2 million verdict in ‘glass ceiling’ bias suit

12/16/2021
For decades, women have complained that a “glass ceiling” effectively prevents women from climbing to the top of the organizational ladder. Over the years, numerous sex discrimination lawsuits have taken aim at the glass ceiling, including this one.

Make plans to handle high-level harassment

12/16/2021
Sexual harassment isn’t just a problem on the factory floor or in the back of the store. It sometimes simmers in executive offices, too. And the further up the chain of command the harassment originates, the more likely it will cost your organization a fortune in damages and disastrous PR.

Be sure to track who you didn’t hire, too

12/09/2021
If the same person who made a hiring decision, knowing the candidate belonged to a protected class, also makes the firing decision, it’s almost impossible for the former employee to sue and argue she was terminated because of discrimination. But to succeed in court, you must be able to describe the applicants you did not hire.

Retaliation by top executive or HR? Prepare to pay up

12/02/2021
Congratulations! A court just said you were not liable for discrimination! Now about that retaliation claim ….

Ensure policy says you don’t condone transgender bias

11/29/2021
In 2020, the U.S. Supreme Court said discrimination on the basis of sexual orientation or gender identity is a form of sex discrimination. Make sure your policies reflect that ruling. One federal court has concluded that not having a revised policy amounts to having an unofficial pro-discrimination policy.

100%-healed policy may be automatic ADA violation

11/18/2021
When employees return to work after an illness or injury, it’s natural to wonder if they’re really ready to resume their duties. Think twice before requiring them to prove they are fully healed before you allow them to come back. That could constitute an automatic violation of the ADA.

Stamp out racially hostile environment

11/18/2021
It can be difficult for HR to keep track of every liability threat. You might never learn that a rogue supervisor is harassing subordinates. Without constant vigilance, it’s easy for a racially hostile work environment to fester.

Beware diversity goals that cause reverse bias

11/18/2021
Employers are eager to recruit talent from every background, regardless of race, ethnicity, gender, religion or other protected characteristics. And they’re launching organization-wide initiatives to achieve their diversity goals. But sometimes, diversity initiatives can backfire, triggering lawsuits that allege reverse discrimination against majority-group members who perceive they’re missing out on opportunities for which they are qualified.