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Discrimination / Harassment

When it comes to discrimination, the customer isn’t always right

09/16/2010
Employment discrimination has been illegal for decades, but prejudice lives on. Even if bigoted customers insist on discriminating because of race, employers must still comply with the law.

Document specific reasoning behind differing punishments

09/16/2010
Many employers keep their disciplinary policies vaguely worded because they want some flexibility in dealing with employee behavior. That’s fine as long as you carefully document why you are punishing one employee more harshly than another.

EEOC dragging its feet? Don’t get complacent

09/16/2010

The EEOC often takes its sweet time preparing cases for litigation. Don’t let the foot-dragging lull you into inaction! Treat the case as if it will eventually end up in court. Gather any documentary evidence now before it disappears or employees who know the details retire or quit.

Warn bosses: Hiding harassment will backfire

09/16/2010

Some low-level supervisors think a sexual harassment complaint will go away if they ignore it or get everyone except the victim to deny the allegations. It almost always backfires. Here’s why: Courts are willing to let juries decide who is telling the truth, even if it is one worker’s word against many.

The curious case of the cubicle exorcism

09/15/2010
Do you have overtly religious employees in your workplace? The EEOC says you must “reasonably accommodate” their religious beliefs and practices. But you can (and should) step in when that religious zeal crosses the line into religious harassment. Just make sure you treat all employees consistently—or you’ll be praying for the lawsuit to go away …

You can insist on investigation confidentiality

09/10/2010

Make it a policy to keep it confidential when conducting internal investigations into discrimination or harassment. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story. Employers that terminate employees for violating that confidentiality needn’t worry that doing so is retaliation, at least according to a recent 11th Circuit decision.

EEOC takes on ‘Cheaters,’ settles harassment case

09/09/2010

The Dallas-based owners and producers of the “Cheaters” syndicated television show—which highlights cases of sexual infidelity—have agreed to pay $50,000 to settle an EEOC sexual harassment lawsuit. Among the allegations: Two female office assistants were subjected to sexually explicit remarks and unwelcome touching by the company’s owner and upper-management staff.

Take all racial harassment complaints seriously

09/08/2010
When an employee complains about racial prejudice or harassment, don’t brush it off. Instead, act right away. Even a briefly hostile environment may mean a big award.

Offer several ways to complain of harassment to guard against supervisor inaction

09/08/2010

The best sexual harassment policy sets up many ways for employees to lodge complaints. Here’s why: Sometimes low-level supervisors don’t take harassment as seriously as they should. If your sexual harassment policy tells employees to complain to their bosses without offering an alternative, they could become frustrated or angry. Plus, the alleged offensive behavior could very well escalate.

You don’t always have to be right–just honest

09/08/2010
Don’t fret needlessly that every decision you make is the absolute correct one. What really counts is that you acted fairly and honestly. Good faith is all that is required, as the following case shows.