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Discrimination / Harassment

‘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.

‘Tone-deaf’ suitor or true harasser: How to tell

09/03/2010

A boss’s repeated failed efforts to woo a subordinate isn’t necessarily sexual harassment. But it’s often unclear for HR to tell when ineffective courting crosses the line into actionable harassment. To help you understand the line, courts have come up with a list of factors to consider when trying to determine whether an employee has been sexually harassed at work.

Rochester roofer settles race bias claims for $1 million

09/01/2010
Elmer Davis Roofing, the largest roofing contractor in New York state, will pay $1 million to settle an EEOC race bias lawsuit, following what the commission called “decades of ugly and unlawful discrimination against African-American employees.”

Was N.Y. union staffer fired for trying to organize a union?

09/01/2010

Until recently, Jim Callaghan was a writer for the United Federation of Teachers (UFT), the union that represents New York City teachers and that has made its name by actively opposing city officials’ power to fire teachers without due process. Now Callaghan is claiming UFT employees have no such protection themselves. He says he was fired after he began looking into unionizing UFT editorial employees.

Novartis settles class-action sex bias suit–for $175 million

09/01/2010

Novartis Pharmaceuticals has agreed to settle a class-action lawsuit filed by female sales reps just two months after a federal jury awarded the plaintiffs $250 million in punitive damages. Novartis challenged that verdict, and the court had scheduled a hearing for November. Under the settlement, Novartis will pay $152.5 million in return for dropping its appeal.

It’s a buyer’s market: Hire the best candidates over those who meet minimum requirements

09/01/2010
Many employers are discovering they have many—perhaps dozens—of well-qualified applicants for each opening. That may leave some perfectly qualified applicants wondering why they weren’t picked. Don’t fret about selecting the applicant with the best résumé. While you may be sued by another applicant who believes some form of discrimination must have been at work in the selection process, that lawsuit won’t go far.