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Discrimination / Harassment

No beards, turbans in Lexus’ ‘Pursuit of Perfection’

03/26/2010
Little Falls, N.J.-based Tri-County Lexus faces a religious discrimination lawsuit after it refused to accommodate a job applicant’s request to continue wearing a beard and turban, as required by his Sikh religion.

Hiring? The legal risk of falling for great interview skills

03/23/2010

Does your selection process rely heavily on how applicants handle themselves during job interviews? If so, be aware that courts are often suspicious of such inherently subjective decision-making. That’s why it’s best to document how objective qualifications counted for more than the fleeting impression of an interview. (For another perspective on hiring, see “The top 15 oddball interview questions” below.)

Don’t cut filing period in arbitration agreement

03/19/2010
California courts are hard on employers that force employees to sign arbitration agreements. Judges often find these agreements unconscionable. And one of the quickest ways to end up with an unconscionable and invalid agreement is to cut the time an employee has to file a claim.

The only thing to say when employee is pregnant: Congrats!

03/19/2010
Look for legal trouble if supervisors express concern, surprise or anything other than neutrality when an employee announces she’s pregnant.

When bosses hook up with subordinates, sparks may fly … in court

03/12/2010

In today’s litigious society it’s best for employers to set some ground rules on office romance. Adopt an anti-fraternization policy that bans relationships between employees who hold a boss/subordinate relationship. But take note: Employees who aren’t involved in an affair with the boss won’t necessarily win a sex discrimination lawsuit if they don’t get the perks their co-worker got.

Don’t let employees guess about being fired

03/12/2010

Employees and former employees have just 300 days to file their initial EEOC discrimination complaints. But that countdown doesn’t start until the “adverse employment action” they want to challenge has occurred. That means that the moment employees know they have been fired, the clock starts ticking.

Use ‘no-reapplication’ clause to settle discrimination cases once and for all

03/12/2010

Some discrimination cases have a way of resurfacing even after you thought you had settled the matter. That can happen when the litigious employee reapplies for work. If you’re going to settle a case, consider including a clause that guarantees the former employee will never apply again. That might have been prudent in the following case:

Boeing flying low following EEOC harassment settlements

03/12/2010

Chicago-based aerospace giant Boeing has agreed to pay $380,000 to settle two sexual harassment complaints filed by employees at its Mesa, Ariz., plant.

Eagle Wings Industries settles sex harassment case

03/12/2010

Automotive supplier Eagle Wings Industries has agreed to pay a class of female employees $428,500 to settle sexual harassment charges stemming from illegal practices at its Rantoul location near Champaign.

Waiter serves suit implicating female boss; courts are digesting it

03/12/2010

In Turner v. The Saloon Ltd. the U.S. Court of Appeals for the 7th Circuit recently ruled that in a sexual harassment claim based on a hostile work environment, if at least one act of alleged harassment occurred within 180 days of an EEOC filing, courts can consider the entire time period of the hostile environment in determining an employer’s liability.