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Discrimination / Harassment

Court says no to unlimited right to sue

09/22/2010
The Court of Appeal of California has refused to expand the time a former employee has to file a claim under the Fair Employment and Housing Act.

The Supreme Court may rule on the pay bias lawsuit everyone is watching

09/22/2010

Walmart has asked the High Court to overturn a 9th Circuit ruling that allows a class-action suit alleging widespread discrimination against women to proceed. At stake: $1 billion or more. The class of potential plaintiffs includes more than 1.5 million past and current female Walmart employees, the largest pay-bias class action ever.

USF settles bias claim with fired academic advisor

09/21/2010
The University of South Florida has settled a discrimination claim brought by an academic advisor who was fired just 10 months shy of vesting her pension following a 30-year career with the Tampa-based university system.

Use absenteeism point system to avoid favoritism disputes

09/21/2010
Many employers use a point system to punish absenteeism, firing employees who accumulate too many points. Such a system negates the need to track the total number of hours of work an employee misses, since the employer is counting points rather than time.

Base all decisions on legit business needs–and then be sure to document your reasoning

09/21/2010

Smart employers don’t make any decisions that affect employees without documenting the reasons. You may never need that documentation, but it’s good to know it’s available. It could come in handy if an unhappy employee claims the real reason behind the decision was discrimination.

When petty office squabbles boil over, take solace in one thing: It’s probably not a federal case

09/21/2010
No workplaces are perfect. Co-workers, supervisors and subordinates don’t always have others’ best interests at heart. When it comes to interoffice feuds, employees won’t find much help in federal anti-discrimination laws. Those laws don’t guarantee a workplace free of friction and ambition—just one that’s free of illegal bias.

‘Fairness’ audit prevents surprise liability

09/21/2010

It’s hard to control what low-level supervisors are doing—especially when it comes to distributing work in a commissioned sales environment. Your best protection is to conduct a self-audit of all leads. Make sure everyone is getting a fair cross-section of leads based on easy-to-understand metrics.

Alert: Key EEOC reporting deadline is next Thursday

09/21/2010

Most large employers (and federal contractors) have just a few days to submit key employee demographic data to the EEOC. The deadline for filing EEO-1 reports is next Thursday, Sept. 30. Find links to the EEOC’s online reporting system and an explanation of what you need to report.

Courts frown on bosses blaming subordinates for shortcomings

09/20/2010

Here’s something to consider when disciplining a supervisor or manager: She probably won’t be able to get away with blaming a subordinate for her own poor performance. Employers are entitled to expect managers to manage.

Weight discrimination: The next big protected category?

09/20/2010
Can employees be fired for being too fat? The topic is heating up, due in part to national headlines gained by two Hooters waitresses in Michigan who claim they were fired for being overweight. A judge has given them the green light to bring their cases to trial.