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Discrimination / Harassment

What are the basics of complying with the new Genetic Information Nondiscrimination Act?

02/09/2010

Q. I read the article last month (“Follow 5 steps to make sure GINA doesn’t trip you up”) regarding the recent passage of the Genetic Information Nondiscrimination Act. What should we do to make sure that we are not violating this law?

Is English-only OK? We can’t understand what Hispanic workers are talking about

02/09/2010

Q. We have a number of Spanish-speaking employees. We can’t tell, but we suspect they sometimes make inappropriate comments in Spanish about our clients and other employees. Can we require these employees to speak only English when at work?

Employees filed job-discrimination complaints with EEOC in near-record numbers last year

02/05/2010

If you thought the 2008 spike in employee job discrimination complaints was a one-time blip, think again. During fiscal year 2009, U.S. employees filed 93,277 workplace discrimination charges with the EEOC. That’s the second-highest level ever, just below the FY 2008 record number of 95,402 charges.

Quick settlements encourage more suits; sometimes you have to trust a jury

02/04/2010

Employers are often too eager to settle cases just to get out from under the possibility of a runaway jury. But caving in like that can make you a more tempting target for other employees. If you and your attorneys are convinced you didn’t do anything wrong, it may be best to trust a jury to hear the case and come to the same conclusion.

Beware suspicious timing when taking action against employee undergoing medical treatment

02/03/2010

Here’s another good reason to meticulously track performance: If you end up firing or demoting someone without good documentation, you may end up in court. Bad timing alone could trigger a lawsuit if the employee engaged in some sort of protected activity just before the action.

In all promotion notices, include specifics about minimum job requirements

02/02/2010

It’s fairly common for promotion opportunities to attract lots of candidates—especially when the promotion offers a pay raise and the chance for additional job security. Don’t let that competition end in litigation. The best way to stay out of court: Be very specific about the minimum requirements candidates must meet to qualify for promotion.

Anti-bias agency learns what it’s like to be sued

02/02/2010

The Minneapolis Department of Civil Rights, which investigates discrimination charges, has been sued over an allegedly negligent investigation.

Bosses: When handling serial complainers, zip it

02/01/2010

For a few employees, every workplace problem has its roots in some kind of discrimination. They’re the ones who continually file bias complaints, and they’re a continual source of frustration for supervisors who must constantly fend off unfounded accusations. Warn those bosses that overreacting will only lead to more trouble.

Use objective criteria, transparent process to ensure promotions are fair for everyone

02/01/2010

If your promotion processes are haphazard—devoid of objective criteria and without a clear system for choosing candidates—you could wind up facing a disparate-impact discrimination lawsuit. That’s one powerful reason to institute a clear promotion policy that includes posting job openings, creating application processes and relying primarily on objective selection criteria.

Congratulations on the successful takeover! Now, how do you want those existing lawsuits?

02/01/2010

When one company buys another, it gets the good and the bad—including any lawsuits that may have already been filed against the bought-out entity. The acquiring company may be liable for pending Title VII discrimination claims, but that liability will probably be limited to back pay and other compensatory damages.