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Discrimination / Harassment

Newark car-prep giant faces discrimination, ADA charges

07/27/2010
The EEOC has sued Newark- and Port Elizabeth-based automotive processor FAPS Inc., for race and disability discrimination. The suit charges the company with engaging in a “pattern and practice” that discriminates against black applicants and asking job-application questions that violate the ADA.

Could you use a little change? Courts seem more willing to make employees pay legal fees

07/27/2010

When employees win at least some part of their lawsuits, employers have gotten used to being stuck with paying employees’ attorneys’ fees. But until recently, courts haven’t seen fit to make employees pay the other side’s legal fees if the verdict goes the employer’s way. That may be changing, if a recent 3rd Circuit Court of Appeals case is any indication.

Prepare to determine, when the allegations fly: Sexual harassment–or just some clueless guy?

07/27/2010
When it comes to sexual harassment, the devil is in the details. Asking someone out on a date or making friendly conversation isn’t usually sexual harassment. But telling the difference between what one court recently called a “tone deaf” suitor and a true harasser isn’t easy.

Don’t rely on one-sided arbitration agreements

07/27/2010

Arbitration agreements are supposed to help resolve employment disputes quickly and inexpensively. That’s true sometimes, but only if the agreement is fair. If an employer tries to use arbitration as a way to avoid litigation by making it overly difficult for an employee to use the system, a court is likely to throw out the whole agreement as “unconscionable.”

Am I allowed to check social media web sites for information on job applicants?

07/23/2010
Q. Is it OK for me to consider information about a job applicant that I learn by using Google, viewing Facebook pages and reviewing Twitter feeds?

Greensboro pastors side with suspended police captain

07/23/2010

According to a group of black ministers, Greensboro Police Department Capt. Charles Cherry is being punished for helping black officers file race discrimination complaints. The group, called the Pulpit Forum, held a news conference expressing its support for Cherry, who is black.

Charlotte company learns the hard way: You will pay for bias

07/23/2010

Junior Revels, age 76, has been a diesel mechanic for a long time. So long, in fact, that when he applied for a job at Southern Metals in Charlotte, the company flat out told him it had decided to hire someone younger. Bad move.

Ban vulgar jokes, comments on breastfeeding

07/23/2010

The new health care reform law gives mothers the legal right to express breast milk at work. But that’s brought a new problem to the fore: co-workers—or even supervisors—making jokes or inappropriate comments about the practice. Remind everyone that lactation is no joking matter. Otherwise, you could have a sexual harassment case on your hands.

You don’t always have to be right–as long as you act in good faith

07/23/2010
Here’s good news for supervisors who are afraid of making the wrong disciplinary decision: Employers don’t have to be right every time about the underlying reasons for disciplinary action. Instead, what counts is acting in good faith.

When investigating sexual harassment, consider all the evidence–including nonsexual threats

07/23/2010

You no doubt take sexual harassment complaints seriously and promptly try to learn the facts. But which facts should you consider when deciding whether the conduct creates a hostile work environment? Look at the totality of the circumstances. For example, comments that aren’t directly sexual can still contribute to a hostile environment if the context indicates that the comments are related to others that are sexual.