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Discrimination / Harassment

Lateral transfer denied? Employee could sue

09/08/2010

Generally, being denied a lateral transfer can’t be the basis for a discrimination lawsuit because it isn’t an adverse employment action. However, sometimes employees try to make that case—and succeed. If the transfer would have provided other benefits that can’t be directly measured in dollars and cents, a court may consider the case as one of a denied promotion.

One sex always does the dirty work? Be prepared to show that it’s essential

09/06/2010

If supervisors disproportionally push either men or women to perform certain distasteful or dangerous tasks, you could face a sex discrimination claim. If that happens, you had better be prepared to show that gender is a bona fide occupational qualification for the tasks.

First Transit sued over criminal background checks

09/03/2010
Cincinnati-based First Transit faces charges that its policy barring all applicants who have a felony conviction disparately impacts minorities and therefore violates the Civil Rights Act.

EEOC sues Safelite Glass for sexual harassment

09/03/2010
Columbus-based windshield replacement company Safelite Glass is facing EEOC charges following allegations that an HR manager in North Carolina sexually harassed a female employee.

Woman who wasn’t pregnant wins pregnancy bias settlement

09/03/2010

A Cincinnati Pizza Hut franchisee, the Twins Group, has settled a pregnancy discrimination lawsuit that alleged the company illegally inquired about a female employee’s health, shared her confidential medical information with co-workers, reduced her hours and ultimately terminated her because she was pregnant. One of several problems: She wasn’t pregnant.

‘Sex-plus’ discrimination claims hard to prove

09/03/2010

When an employee alleges she was treated differently on account of the combination of her sex and some other characteristic, that’s called a “sex-plus” claim. Employees who sue must show that the employer gave preferential treatment to a member of the opposite sex with the same second characteristic.

How to head off race bias lawsuits: Have the hiring manager also handle firing

09/03/2010

Common sense says that if a manager hires someone knowing that she belongs to a protected class, the manager probably won’t turn around a few months later and fire the new employee because she belongs to that protected class. That’s why you should make it a policy that the same managers who make hiring decisions also make termination decisions.

When you discover race-based harassment, act quickly to investigate, discipline

09/03/2010

Take it seriously anytime you learn that employees are using bigoted language or are otherwise harassing minority co-workers. If you punish offenders but the victim files a hostile environment lawsuit anyway, you’re likely to win in court. That’s why you should have a quick-response action plan for dealing with name-calling, graffiti and problematic behavior.

Vague gripes about bosses aren’t protected

09/03/2010

Employees who are punished for complaining about alleged illegal discrimination can sue for that retaliation. And they don’t have to show that actual discrimination took place—just that they believed in good faith that it did. Still, that doesn’t mean that every vague complaint can be used as the basis for a retaliation claim.

Don’t let stereotypes dictate pregnancy policies

09/03/2010
Some ideas die hard—such as the belief that pregnant women can’t work in what some consider dangerous or strenuous jobs. If you make assignment decisions based on that mistaken belief instead of real medical information, you could end up in court.