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Discrimination / Harassment

Serial sexual harasser on the loose? Get ready for big trial—and possibly huge judgment

02/12/2010

If you are having trouble getting top management to take sexual harassment seriously, here’s a case that might help them see the light. Explain that if they let a sexual harasser become a serial harasser, all the cases could be tried together. And that vastly increases the chances that a jury will hold the company liable.

Court clamps down on litigation road shows

02/12/2010

Defending lawsuits is expensive, even more so if the case is being heard in some faraway city. Your staff would have to travel long distances to participate in the trial, maybe just for the employee’s convenience. Fortunately, federal courts in Texas are clamping down on such litigation tactics.

Alleged rape in Iraq leads to $2.9 million settlement—for now

02/12/2010

An arbitrator has awarded nearly $3 million to a former employee of defense contractor KBR who says she was raped while working in Iraq. KBR has contested the arbitrator’s finding, and has asked that the award be reduced to $300,000.

Should we investigate? Worker may have been a victim of bias, but has yet to complain

02/12/2010

Q. We’re afraid one of our employees may have been subjected to discrimination here at work. However, she hasn’t filed a complaint. What should we do? Do we have an obligation to bring it up and investigate even if she declines?

Follow 5 steps to make sure new GINA law doesn’t trip you up

02/09/2010

The Genetic Information Nondiscrimination Act of 2008 was enacted in response to concerns that insurers and employers could use results of genetic testing to discriminate against applicants and employees. Covered employers should consider updating their employment policies and practices to comply with GINA’s many technical requirements.

‘Anonymous’ harassment: How to respond when harasser is faceless and nameless

02/09/2010

In some cases, employees are harassed via scrawled words on a wall, voice mail messages or some other shadowy act. You may never be able to pinpoint the culprit, but you must still do something. Begin by opening an investigation, just as you would for any other complaint. Then remind all employees about your anti-harassment policies.

You’re liable for bias–even against temps

02/09/2010

Employers sometimes mistakenly believe that hiring a temporary employee through an agency means they won’t be liable if the worker files a discrimination or harassment complaint. The fact is that most temps—even if they are paid and generally managed by an agency—are still “employees” of the organization where they actually perform work. And they’re entitled to work in an environment free of harassment and discrimination.

When EEOC is involved, prepare to give up cash, much more

02/09/2010

The Bahama Breeze restaurant chain has settled racial harassment charges with the EEOC for $1.26 million. According to an EEOC complaint, black employees at the chain’s Beachwood location were regularly subjected to racial epithets, mockery and ongoing harassment.

Ohio law: Bosses personally liable for discrimination

02/09/2010

Here’s a reminder that should catch the attention of supervisors: While they may not be personally liable for most types of discrimination made illegal under federal law, they are liable under Ohio state law.

Cleveland bans bias based on gender identity, expression

02/09/2010

The Cleveland City Council has passed legislation expanding the city’s anti-discrimination ordinance to include transgender individuals. By adding “gender identity and expression” to a list of protected classes that already includes sexual orientation, Cleveland now offers one of the most all-encompassing anti-discrimination statutes in the state.