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Discrimination / Harassment

Offer training to those who aren’t promoted

05/11/2010
Your best employees are probably eager for promotions. But when only one slot is open, promotions often leave several well-qualified candidates disappointed. To keep disappointment from leading to lawsuits, consider offering career coaching for those employees who didn’t make the cut.

Former exec says Goldman Sachs put her on the ‘mommy track’

05/11/2010

Goldman Sachs is getting sued a lot these days … and not just by the SEC. Charlotte Hanna claims the embattled investment bank marginalized her after she had two children, effectively barring her from returning to full-time work as a vice president. In a lawsuit charging violations of the Pregnancy Discrimination Act and the FMLA, Hanna says taking the bank’s offer of an “off ramp” for executives who wanted to have children derailed her career.

At L.I. strip club, was it discrimination or accommodation?

05/11/2010
The EEOC has taken up the case of a bartender at Long Island’s Casino Royale gentlemen’s club who claims she was demoted after her boss learned she was pregnant.

Beer vendor, 85, cries foul, but court says Aramark was fair

05/11/2010

Mildred Block had a fine run at Shea Stadium, staffing a lucrative beer stand in a prime location near the right-field cheap seats during Mets games. She averaged $40 per night in tips. The 85-year-old Block had worked the stand for nearly 20 years. But then late in the 2008 season, concession operator Aramark sent Block down to the equivalent of the minor leagues: a booth where she pockets far fewer tips.

Bias unlikely if new worker is same race as former employee

05/11/2010
Employees who allege they were terminated because they belong to a protected class will have a tough time winning the lawsuit if their replacement belongs to the same class—at least when the new hire comes on board before the terminated employee files her EEOC complaint or lawsuit.

Tell supervisors and executives: Keep anger to yourself when employee files lawsuit

05/11/2010

Supervisors often get angry when a subordinate files a lawsuit. Sometimes that anger is justified, but supervisors should be careful how and where they vent. The outcome of the lawsuit may depend on how supervisors handle their outrage about being sued. For example, calling a press conference and attacking the employee for suing may not be the most constructive approach.

Limit hostile environment liability by getting to the bottom of every harassment complaint

05/11/2010

It’s up to employers to make sure their workplaces are free of racial harassment. Watch out if you’re not willing to do everything in your power to prevent a racially hostile environment. Courts simply won’t tolerate it. In many cases, it takes only two incidents of harassment for a judge or jury to conclude that a workplace is hostile. That low threshold makes it essential for HR to follow up on every harassment complaint.

Stop harassment or face personal liability

05/11/2010

Ordinarily, managers who have the authority to make personnel decisions aren’t held personally liable for sexual harassment under Title VII. But that’s not necessarily the case under the New York State Human Rights Law. If you’re an HR professional with the power to make recommendations on hiring applicants or firing employees, make sure you don’t ignore sexual harassment claims that come your way.

OK to base pay on performance–without bias

05/11/2010

If you’re thinking about switching to a production-based compensation system that pays more to the most productive employees, don’t worry too much about the plan’s possible disparate impact on some groups. As long as you don’t use the system to discriminate against a particular group—or favor another—courts are unlikely to conclude that any uneven results were caused by discrimination.

12 manager mistakes that spark lawsuits

05/11/2010

Most lawsuits against employers don’t start with some outrageous injustice. More often, a simple management mistake or a perceived slight starts the snowball of discontent rolling downhill toward the courtroom. Here are 12 of the biggest mistakes managers make. They can all lead to litigation—and kill your credibility in court.