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Discrimination / Harassment

Transferring an employee may be retaliation, but merely discussing a transfer isn’t

10/12/2010

Retaliation is anything that would dissuade a reasonable employee from complaining about discrimination in the first place. That’s not to say every little negative thing that happens following a discrimination complaint is retaliation. Take, for example, a transfer to another position or shift.

Gender bias in Joslin could end company’s federal contracts

10/12/2010

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has charged Tyson Fresh Meats with gender discrimination at its facility in Joslin. A DOL investigation revealed that Tyson’s selection system and procedures discriminated against women seeking entry-level positions at the plant.

Make amends fast if mistake harms worker

10/12/2010

Supervisors accused of discrimination sometimes lose their tempers—and then proceed to say or do something stupid. When that happens, act fast to step in and make amends. That’s especially important if the affected employee has walked off the job. The key is to make the employee understand that he still has a job and should return to work.

Don’t rely on ‘equal-opportunity jerk’ defense

10/12/2010

Employers facing sexual harassment lawsuits against offensive, foul-mouthed managers sometimes trot out the “equal-opportunity harasser” defense. It basically says: We know our guy is rough, but he didn’t sexually harass women because he treats all his employees horribly. That’s a pretty flimsy nail to hang your defense on—and one that often doesn’t work.

6th Circuit’s surprise call: Pregnancy ‘impairments’ are disabilities

10/08/2010

The ADA expressly excludes pregnancy as a disability. The law says so, and I’ve always believed it to be true. But now a new decision has turned that notion on its head—and that may mean you’ll have to make some changes to your policies.

Ohio settles with state workers who charged religious bias

10/08/2010

Without admitting any wrongdoing, the Ohio state government has settled a religious discrimination suit brought by three former members of the Workers’ Compensation Council. The three workers will split $55,000, plus $15,000 in attorneys’ fees after they were fired in February by Council Director Virginia McInerney.

Hyundai Ideal Electric faces pay bias suit

10/08/2010

The EEOC has filed suit against Hyundai Ideal Electric in Mansfield for allegedly firing a woman in retaliation for complaining about a pay disparity. Tabitha Wagner, a drafter, complained that she earned less than a similarly situated male drafter with less seniority. In the suit, Wagner claims she complained to HR Manager Jon Shearer on Nov. 11, 2008. Shearer terminated her the next day.

Boorish behavior isn’t always harassment

10/08/2010
Employers aren’t liable for every problem between co-workers. Experiencing boorish or childish behavior isn’t enough for an employee to win a lawsuit.

Don’t feel obligated to promote from within if better outside candidates are available

10/08/2010

It makes sense for employers to promote from within. But sometimes it’s better to choose a candidate from a broader pool of potential employees. That may mean some current employees will be disappointed—and may even sue. Recently, a federal court affirmed that internal candidates don’t have an automatic leg up and aren’t entitled to preferential promotions.

Ohio’s outsourcing ban called biased against foreign firms

10/08/2010

Gov. Ted Strickland has issued an executive order banning outsourcing of the state government’s information technology and back-office functions. The move, viewed by many as an election year move to create jobs for Ohioans, has raised the ire of the National Association of Software and Services Companies.