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Discrimination / Harassment

Employee wants transfer to avoid harassment? Be sure to note that she requested it

12/22/2010

Here’s a tip that can save you from a nasty retaliation lawsuit following the transfer of an employee who has claimed sexual harassment. If she’s the one requesting the move, be sure to document that request very carefully. She may later claim that the transfer was retaliation for complaining.

When worried about religious accommodation, keep lines of communication open

12/22/2010
Employers are supposed to accommodate all religions and their practices when reasonable. If you don’t train managers to handle accommodation requests with dignity, you may find yourself facing a religious discrimination lawsuit.

When worker claims bias or harassment: document, investigate and communicate

12/22/2010

Smart employers respond to every harassment and discrimination complaint and follow up even if they believe there was nothing to the complaint. But some employers ignore this simple advice and choose to blow off employee complaints instead of logging them, investigating and making a determination about what happened. That’s a huge mistake.

Job discrimination claims hit all-time high

12/22/2010
A triple-whammy of forces—new laws, new EEOC outreach programs and ongoing economic malaise—helped push the number of employee job discrimination claims to 99,922 in federal fiscal year 2010, the highest annual total in the EEOC’s 45-year history.

Harassment in Conshohocken leads to $66,000 EEOC settlement

12/21/2010
Telecommunications giant One Communications Corp. has settled an EEOC religious discrimination and harassment suit filed by three Jewish employees at its Conshohocken office.

Temp better than employee? Terminate with care

12/21/2010
Sometimes, work actually goes better when a temp replaces an employee who’s out on leave. You might even think about keeping the temp and dumping the incumbent. Watch out!

When reorg will cut older worker’s position, consider offering reassignment to other jobs

12/21/2010
Be prepared to be creative when business necessity forces changes that will eliminate a position held by an older employee. When that’s the case, consider offering the older employee alternative positions. If she declines to take comparable jobs, document it. That refusal will make it next to impossible for her to win an age discrimination lawsuit.

2010 was record year for EEOC discrimination complaints

12/21/2010
The EEOC received nearly 100,000 complaints of discrimination in federal fiscal year 2010 that ended Sept. 30, 2010. The total of 99,922 topped the previous high of 95,402 in FY 2008 and represented a 7% increase over FY 2009’s figure of 93,277.

PDA doesn’t guarantee leave for child care

12/21/2010

The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.

Does religious accommodation mean paid leave?

12/21/2010
Q. One of our exempt employees has requested a partial day off to attend a religious service and contends that she should be paid for this time off as a “religious accommodation.” Is she correct?