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Discrimination / Harassment

When documenting hiring processes, be sure to track rejected job offers, too

04/15/2010
Here’s a tip for avoiding lawsuits over alleged discrimination. Don’t keep statistics just on the employees you hire. Track those to whom you offered a job, but who turned it down, too.

What are our obligations to prevent employees from accessing Internet porn at work?

04/15/2010
Q. All of our employees have Internet access at their workstations. We have heard rumors that several employees have been visiting pornographic and other inappropriate web sites, and displaying and 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? What steps can we take to avoid these problems?

Beaumont Autoplex worker files race discrimination suit

04/15/2010
A former employee is suing Mike Smith Autoplex and Group 1 Automotive, claiming he was forced to resign from the Beaumont car dealer because of his race.

Don’t pile on reasons for firing; you’re spoiling for retaliation fight in court

04/15/2010

Let’s say you’ve got one very good reason to fire an employee, plus several other halfway decent reasons. Why not wrap them all into one big package of employee shortcomings when it comes time to show her the door? Because such overkill could play badly in court if the dismissed employee ever sues you.

EEOC settles bias suit involving Jehovah’s Witness, dress code

04/13/2010
Alliance Rental Centers recently agreed to pay $21,500 to settle an EEOC religious discrimination suit brought by a former employee whose religious beliefs kept him from complying with the company’s dress code. The conflict emerged when Tyler Templeton, who worked in the company’s Bridgeport Aaron’s Rents store, refused to participate in the “Red Shirt Friday” program in which employees wore special shirts to show support for the U.S. military.

Beware retaliation charge following transfer

04/13/2010

Employees who are transferred to other positions after complaining about discrimination could end up collecting big from their employers. That’s true even if the transfer doesn’t result in a base pay cut or lost benefits. Reason: The law lets juries punish employers for retaliation based on factors such as lost prestige, overtime pay and other, less tangible benefits.

Judge to lawyers: Enough ‘pettifoggery and piffle!’

04/07/2010
Federal appeals court Judge Douglas Ginsburg was not amused when attorneys for PricewaterhouseCoopers (PwC) asked to have District of Columbia laws applied to a New York case. In fact, he was so perturbed, he heartily rebuked the lawyers with a stinging Victorianism.

FMLA leave expired? Be equitable when firing

04/07/2010
If you terminate employees who have used up all their FMLA leave and still can’t come back to work, watch out! Make sure you don’t single out any particular class of employees for firing.

Don’t assume mentally ill employee is dangerous

04/07/2010

Employees who suffer from mental illnesses shouldn’t be treated any differently than other employees unless there is a very good reason. That means not assuming that the employee can’t function or treating him as if he were a child in need of supervision. Instead, let the employee approach you for help with accommodations. Otherwise, assume all is well.

Brace for lawsuit if ‘demotion’ involves less prestige, fewer opportunities

04/07/2010

Employees who are transferred against their will often sue for discrimination—especially if the new job is less prestigious and makes the employee feel like she has to quit. For example, in the following case, an older teacher claimed she suffered an adverse employment action when she was demoted to substitute teacher at the same time younger teachers were hired.