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Discrimination / Harassment

When the riffed ‘group’ is just one worker, expect a lawsuit

08/25/2010

When the borough of Netcong implemented a reduction in force, 28-year employee Delores Colabella was the only employee whose position was eliminated. Colabella suspected her termination might have something to do with her age. She’s 72. Now she is suing the borough for age discrimination.

Courts don’t require employers to have crystal balls

08/25/2010

Sometimes, people sue everyone they believe may somehow have been responsible for their misfortunes. When someone has been seriously harmed by one of your employees, your organization becomes an attractive target. Fortunately, an employee’s past conduct unrelated to the allegation won’t put the employer in hot water.

Bad news: You’re going to be sued–Good news: Be fair and you’ll win

08/25/2010

It’s a fact of life: As an HR professional, you and your employer will be sued. You can’t tell which applicant, employee or former employee will litigate, but you can be prepared. Insulate yourself and your company by reviewing all decisions for fairness. For example, something as seemingly minor as failing to provide small incentive-based benefits can mean a long and expensive lawsuit.

Safety trumps faith: Feel free to ban religious garments if they pose a workplace hazard

08/25/2010
Employees have the right to wear religious garb to work, within limits. Under most ordinary circumstances, for example, Muslim women should be allowed to wear head coverings if they hold the sincere belief such coverings are required of their religion. But if the head covering presents a safety issue, chances are an employer can ban the covering.

Partner or employee? Degree of control matters

08/25/2010
If yours is a business engaged in professional practices like law, medicine or accounting, your organization may have partners or shareholders who receive paychecks. Know that such shareholders probably can’t sue for discriminatory practices under Title VII and other anti-discrimination and employment laws.

Fear lawbreaking? Document before firing

08/25/2010

Some employers don’t necessarily want to confront an employee directly when they suspect that he may be engaged in illegal activity. The threat of violent reprisal is very real. If you fire the employee, he may sue, alleging some form of discrimination. But if you have documented why you did what you did, chances are the lawsuit will be dismissed.

State Supreme Court rules on minority and female preference

08/23/2010
Some local California governments have to give preference to minority- or female-owned contractors. Now in an odd twist, the California Supreme Court has said that such preferences are legal only if the local government can show it does in fact discriminate. That could end such preferences.

What elements need to be included in a claims waiver associated with a severance agreement?

08/23/2010
Q. We are considering providing an enhanced severance package to a group of employees if they agree to waive all potential claims against the company, including age discrimination claims. Are there any specific steps we need to take in connection with these releases?

Outrageous co-worker harassment? 4 quick actions can help you avoid liability

08/20/2010

It’s going to happen eventually: An employee will report egregious behavior that is clearly sexual harassment. If your organization is lucky, the harasser will be a co-worker, which means you will have a shot at mitigating the damage with quick action. Here’s what to do when the co-worker harassment call comes in:

Cook County HRC finds ‘substantial evidence’ of District’s anti-gay bias

08/18/2010

The Cook County Human Rights Commission has found “substantial evidence” of sexual-orientation discrimination in its investigation of the Bremen Community High School District No. 228. The case began after the district fired Superintendent Richard Mitchell following a series of clashes with the board.