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Discrimination / Harassment

Have business justification for hiring rules that could cause disparate impact

05/26/2010

Is your workforce less diverse than the local labor market? You can head off discrimination lawsuits by citing legitimate business needs that justify hiring rules that seem to cause disparities. The best approach: Have a clear business justification for any screening or job criteria you use, even if you don’t expect they will cause a disparate impact on any protected group.

Weigh retaliation risk when firing worker who has complained of discrimination

05/26/2010

Before terminating an employee who has recently filed a discrimination claim, consider whether the timing may provoke a retaliation lawsuit. Generally, the closer in time to the complaint a termination occurs, the more likely a court will order a jury trial. You may still terminate the employee—if you’re sure that’s appropriate.

Beware shifting explanations for HR decisions

05/26/2010

When it comes to hiring and retention decisions, make sure that everyone involved in the process is on the same page. Decide on the criteria and stick with them for all candidates. Otherwise, shifting explanations about who is chosen and who is rejected can look like intentional efforts to manipulate the choice and hide underlying discrimination.

Supreme Court: Title VII deadline clock resets with each new biased decision

05/25/2010
The Supreme Court has unanimously ruled that the Title VII lawsuit clock resets each time an employer uses apparently biased job-qualification tests to make hiring decisions. Lewis v. Chicago recharts the litigation calendar, while recalling two other landmark Supreme Court cases.

Do pregnant employees require special treatment? (And 20 other tough pregnancy-related questions)

05/25/2010

Pregnant employees aren’t entitled to special treatment. Employers just have to treat them the same way they do other employees. If you don’t allow other employees to take leave or be placed in light-duty positions, then pregnant employees aren’t entitled to such privileges either.

How to write effective and legal job descriptions

05/25/2010
Job descriptions are the cornerstone of communication between managers and their employees. After all, it’s hard for supervisors to measure job effectiveness during performance reviews unless they and the employee both know what’s expected. Here’s how to do job descriptions right.

What should we do? We’ve heard rumors that some employees are downloading porn at work

05/24/2010
Q. All of our employees have Internet access at work. We have heard rumors that several employees have been logging onto pornographic and other inappropriate sites, and have been displaying or disseminating objectionable material to others in the workplace. Even though we have not received a formal complaint, do we have an obligation to address this now?

Mandatory employment arbitration agreements in California

05/24/2010
The California Supreme Court has issued a decision providing useful clarification to employers that want to revise or enforce existing mandatory arbitration agreements.

Isolated offensive words don’t always mean hostile workplace

05/24/2010
Some employees think that any negative comment that touches on race or nationality means they have a hostile work environment case. That’s just not true, especially when there’s no evidence that the work environment hurt the employee’s ability to perform her job.

Walmart must defend against largest wage-and-hour class action in U.S. history

05/24/2010

Recently, the largest class-action lawsuit in U.S. history was given the go-ahead. Employers nationwide are waiting with bated breath to find out what happens to Walmart. While the exact number of employees who may find themselves part of the lawsuit is still unclear, it could reach well over 1 million women employed or formerly employed at 3,400 Walmart stores across the country.