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Discrimination / Harassment

Irony: Houston Buick dealer faces age bias suit

10/04/2010

A Houston car dealer specializing in selling Buicks—traditionally the General Motors’ brand aimed at older car buyers—is facing an age discrimination and retaliation suit. Mark Theodoridis, Gay Buick GMC’s fleet and credit union manager for 11 years, alleges that he was constantly harassed and discriminated against on the basis of his age.

Remind supervisors to track all bias complaints

10/04/2010

Employees who are disciplined may claim they were punished for reporting alleged discrimination or harassment. But employers that can show that there was no such report will get the case tossed out. That’s why it’s important for all supervisors and managers to routinely document all discrimination complaints.

Employee lied during internal investigation? That’s a firing offense you can act on

10/04/2010

Employers know they must conduct prompt and thorough investigations once an employee complains about discrimination or harassment. The integrity of the investigative process depends on the honesty of all participants. You don’t have to tolerate employees who lie during an investigation, even if the lie is a minor one.

Don’t leave yourself open to retaliation claims: Enforce work rules equitably for all employees

10/04/2010
Before you decide to throw the book at a difficult employee for breaking a rule, make sure you have enforced it the same way for all similarly situated employees. Otherwise, the employee you’re cracking down on may be able to make a credible claim for discrimination or retaliation.

Timing of harassment in question? Check time cards to determine who could have seen what

10/04/2010

When employees file discrimination and harassment lawsuits, they have to prove that the things they claim happened actually did occur. Often, their memories may be a bit cloudy and they think they recall that others experienced the same thing they did. They could simply be wrong, or they could be making it all up. That’s where time records can come in handy.

Put the brakes on out-of-control lawsuits! Stop retaliation before it starts

10/04/2010

Among the many hassles of being sued is the simple fact that once a lawsuit is filed, it’s hard to stop. And if a discrimination case, for example, ends up before a jury, all bets on the outcome are off. While you can’t prevent every possible discrimination complaint, you do have control over cases charging retaliation.

Document every reason for firing employee

10/04/2010

When an employee tries to challenge his employer’s decision to discharge him based on some form of discrimination, he has to show that the reasons for the firing weren’t legitimate. It’s not good enough to knock down just one of the reasons. He has to show all of them were suspect. That’s why it’s important to document in your files each legitimate discharge reason—at the time you make the decision.

Poor attitude and work ethic? Don’t give that promotion

10/01/2010

You want to promote the most capable and promising employees and encourage low performers to improve. That may mean pointing out some painful realities when an employee is passed over for promotion. Done sensitively, pointing out poor attitude and lack of a strong work ethic won’t fuel a lawsuit.

Hey, boss, you better call HR! Warn managers against trying to resolve complaints informally

09/30/2010

Sometimes, managers and supervisors just want their employees to get along and get their work done. When they hear someone complaining about sexual or other harassment, they may be tempted to blow it off as a distraction and just ignore it or tell the co-workers involved to stop it. That’s not good enough.

Unlike employees, partners can’t pursue bias claims under employment laws

09/29/2010

If your business is a professional practice like law, medicine or accounting, it may have partners or shareholders who receive paychecks. Such shareholders probably can’t sue for discriminatory practices under Title VII and other employment laws. But when is a person considered a shareholder or partner?