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Discrimination / Harassment

Is a policy still a policy if it’s not in writing?

12/15/2010

Will a court acknowledge a company “policy” that doesn’t exist on paper? One court recently did—even though the policy wasn’t written anywhere—because the policy was being followed by all managers. Still, when in doubt, it’s best to write it out.

West Palm eatery settles ADA HIV-by-association lawsuit

12/13/2010
When managers at Callaro’s Prime Steak and Seafood Restaurant learned that an employee’s relative was HIV-positive, it asked the worker to take an AIDS test. Now the West Palm Beach restaurant is paying the employee $10,000 to settle the resulting EEOC disability discrimination lawsuit.

Firing employee? Require the presence of at least 2 managers during discharge meeting

12/13/2010
Unfortunately, many lawsuits come down to one person’s word against another’s. That’s powerful incentive for a company rule requiring at least two managers to participate in any discharge. Reason: They can back each other up.

Courts crack down on lawsuits against entities not named in EEOC complaints

12/13/2010

Eventually, your organization will be blindsided by a discrimination lawsuit that seems to come out of nowhere. In fact, it may hit years after the alleged bias occurred. That means you may long ago have discarded the documents that could clear the company. But courts are growing impatient with employees who launch such sneak attacks, as this recent 11th Circuit decision shows.

Pestering employees about retirement may backfire badly

12/09/2010
A federal district court recently addressed the issue of pretext in an age discrimination case. In Goodpaster v. Materials Handling Equipment (No. 09-0059, ND IN, 2010) the court held that management’s repeated and coercive inquiries about retirement to a 59-year-old employee may imply age discrimination.

Court: Business burden won’t be allowed to stall EEOC case

12/09/2010

In a sign that courts will give the EEOC great latitude in investigating systemic discrimination charges, media giant Kable News Company has been ordered to provide the commission with a comprehensive employee list. The message for employers: Obstructionist legal strategies probably won’t work in EEOC cases.

EEOC: Harassment all in the family at Alton restaurant

12/09/2010
Tony’s Restaurant, a venerable eatery in Alton, Ill., outside St. Louis, has agreed to settle sexual harassment charges brought by the EEOC on behalf of three teenage girls who claimed they were victimized by a member of the family that has owned the restaurant for more than 50 years.

Track discipline by type, punish everyone fairly

12/09/2010

Employers that mete out similar discipline for similar kinds of misconduct rarely lose subsequent lawsuits, even if the court considering the case thinks the punishment was excessive or a poor business decision. What matters is evenhanded application of the rules, not whether the rule is good or bad.

Beware trend: Workers acting as own lawyers

12/09/2010
If former employees decide to sue, they’ll find themselves competing for lawyers to represent them. Increasingly, those former employees simply file their own lawsuits. And judges give them every possible break since they aren’t expected to know the tricks of the legal trade.

Take careful notes during all exit interviews

12/09/2010

Employees often reveal their true feelings during an exit interview, and they frequently wind up burning bridges in the process. Smart employers take notes during exit interviews, especially if they hear something that makes them wonder whether the employee should ever have been hired in the first place, let alone rehired for any future openings.