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Discrimination / Harassment

Use new EEOC guidance to review severance agreements

04/19/2010
Employers have a new primer from the EEOC on how to craft legally compliant severance agreements. Although Understanding Waivers of Discrimination Claims in Employee Severance Agreements was designed to answer employee questions about severance agreements, it offers useful guidance to employers, too.

Schwan’s must hand over demographic data in EEOC case

04/19/2010
Schwan’s, the Marshall-based frozen food company, must turn over data requested by the EEOC in a long-running sex discrimination case. Judge Janie Myeron ruled in favor of the EEOC’s subpoena requesting demographic data on employees who have entered the company’s management trainee program.

White Way says EEOC took it to the cleaners

04/19/2010

St. Paul-based White Way Dry Cleaners has paid $42,250 to a former employee who filed an EEOC pregnancy discrimination lawsuit. The case arose when Michelle Johnson was transferred from her job pressing clothes to a counter position after telling her bosses she was pregnant. White Way had a longstanding policy of transferring pregnant employees to protect them from chemicals used in the dry cleaning process.

Case dismissed? You may be able to recover attorneys’ fees

04/19/2010

You probably know that in many cases where the employee wins a discrimination lawsuit, the employer has to pay the employee’s attorney. Fortunately, the reverse may also be true—if you manage to win dismissal of a clearly frivolous claim.

Apply zero-tolerance policy on workplace violence across the board

04/19/2010

Many employers have adopted so-called zero-tolerance rules prohibiting any kind of violence at work. The reason: Getting rid of violent employees is crucial to maintaining a safe work environment. But be careful how you enforce the rule. If you ever make exceptions, you’re asking for a lawsuit.

Make sure employees know where and how to report alleged sexual harassment

04/19/2010

It’s simply impossible to prevent all sexual harassment incidents. But you can take steps to protect your organization from most sexual harassment lawsuits. Make sure your sexual harassment reporting policy is clear, specific and well publicized.

Hire workers through temp agencies? Be alert for religious accommodation issues

04/19/2010

Lately, the EEOC has been on a campaign to stamp out discrimination based on religion—especially discrimination related to religious dress. As part of that effort, the EEOC has focused on employment agencies, demanding that they do more to ensure that the employers they refer temporary workers to aren’t biased. Now the 8th Circuit has reined in the EEOC a bit—for the time being.

Use proactive measures to stop bias lawsuits

04/19/2010

Sometimes, all it takes to stop a potential lawsuit based on a supervisor’s poor behavior is a timely warning. Take, for example, what might happen if a subordinate believed her supervisor was targeting her for poor treatment because of her race. If HR takes a strong stance and persuades the supervisor to change her approach, then a potential lawsuit may dissolve into nothing.

You don’t have to put up with insubordination

04/19/2010

Some employees think they can behave like jerks at work without any consequences—as long as they don’t harass co-workers. You don’t have to put up with that kind of nonsense. Instead, institute clear rules against such behavior. Put them in your employee handbook. Then enforce those rules—up to and including firing those who just won’t change their ways.

Labor on the rise: Review your solicitation & distribution rules

04/19/2010

Unions are stepping up their organizing activity, and smart employers are preparing by making sure their rules on solicitation, distribution and access to private property meet legal requirements. If you don’t have a “no solicitation/no distribution” policy, adopt one now. It can help regulate two types of conduct that unions depend on when trying to organize a workplace.