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Discrimination / Harassment

As a religious institution, are we insulated from discrimination liability?

04/05/2010
Q. I am the principal of a Catholic school. I’ve always believed that, because we are a religious institution, discrimination laws don’t apply to us. While we certainly never intend to discriminate against our employees, we do make decisions from time to time that an employee could challenge in court. Am I right that we don’t have to worry about discrimination liability?

Ignoring complaint won’t make it go away

04/05/2010

It’s tempting to ignore the constant gripes of a serial complainer. But that won’t make the problem go away. Be ready for possible lawsuits by investigating, deciding what happened, disciplining if necessary and documenting the whole process.

Patience a winning virtue when employee sues pro se

04/05/2010
Some employees don’t let the lack of a real case stand in their way. They’re going to sue—even if they have to act as their own lawyers. If an employee decides to proceed pro se—without an attorney—be patient. Trust that the case will end up being dismissed.

Fighting for disabled, EEOC takes on churches

04/05/2010
For several months, the EEOC has been aggressively going to court on behalf of disabled employees. Their successful litigation has paved the way for more disability lawsuits against religious organizations that employ laypersons.

Beauty Smart settles after rejecting non-Korean applicant

04/02/2010
The company that owns the Beauty Smart chain of salons in Henderson, Oxford and Durham has reached an agreement with the U.S. Department of Justice to end what the department called “pattern and practice national-origin discrimination” that violated the Immigration and Nationality Act.

School ‘accident’ leads to suit against Brunswick County

04/02/2010
Anna Stanley used to work for the Brunswick County school system as a teaching assistant. She was terminated after an incident in which a third-grader wet his pants and sat in them for three hours. Stanley has filed race discrimination charges under state law in Brunswick County Superior Court.

Insist on specifics when facing EEOC charges

04/02/2010
A federal court has given the EEOC a second chance at filing a sexual harassment lawsuit. The agency had filed a vague complaint, and the court said the employer needed far more information in order to defend itself.

Make following instructions a part of your expectations

04/02/2010
Employees who claim discrimination was the reason they were fired have to show that they were meeting their employer’s legitimate job expectations. Employees fired for insubordination have a hard time proving that—especially if their employer can point to specific facts that prove insubordination.

Act fast to stop racial comments (but don’t fear lawsuit if they’re isolated)

04/02/2010
Here’s some good news for HR pros: If you get a report that an employee is being subjected to name-calling, you probably still have a chance to fix the situation. Do so before it gets worse.

Stop frivolous claims with solid hiring, promotion processes consistently applied

04/02/2010

Smart employers have well-developed and organized hiring and promotion processes. Not only do they have them, they follow them carefully. That’s critical because when people don’t get jobs they want, they often suspect discrimination. And then they sue, whether they have a good case or not.