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Discrimination / Harassment

Poor performer getting ax? Don’t rush process

03/01/2010

You’ve documented the poor performance. You’ve been careful to keep things professional, even as you’ve concluded you’ll probably have to fire the employee. Then he files a discrimination complaint. Avoid the temptation to speed up the usual disciplinary process.

Use objective, easily measurable standards to gauge employee performance

03/01/2010

Most jobs can be quantified. That is, it’s possible to measure success on the job by tallying how much an employee produces in a given period—whether that’s widgets, reports, new clients or sales. By using such objective measures to decide who is terminated, employers have powerful evidence to counter discrimination claims.

When supervisor’s harassment is serious, make sure the punishment fits the crime

02/26/2010

Employers that don’t take swift action when they learn of possible harassment have only themselves to blame. Being too timid when it comes to punishing the supervisor is not a good idea. Whatever you do, don’t even think about transferring the harassed subordinate into a position with fewer responsibilities. Instead, move the harasser—or even terminate him.

Don’t let supervisor punish employees who cooperate in investigation

02/26/2010

If you discipline a supervisor for discrimination, make sure you can reassure employees who cooperated in the investigation that the supervisor won’t turn around and punish them.

No special treatment required for pregnant employees

02/25/2010

Pregnant employees aren’t entitled to special treatment. Employers just have to treat them the same way they do other employees. If you don’t allow other employees to take leave or be placed in light-duty positions, then pregnant employees aren’t entitled to such privileges either.

Alphabet soup of charges against US Airways in Philly

02/25/2010

The Philadelphia branch of the NAACP has sued US Airways, alleging a pattern of discrimination in employment and job assignments at the Philadelphia International Airport. The complaint alleges the airline assigns workers based on race and uses racially charged derogatory terms for gate-ticketing assignments.

They’re not too old to spend $6.2 million

02/25/2010

Two scientists fired from the Valley Forge chemical company PQ Corp. are millionaires following a federal jury’s verdict in their age discrimination lawsuit. The two, a 60-year-old woman and a 56-year-old man, filed age bias charges against PQ after the company implemented a mass layoff in 2005. The scientists alleged that all of the employees laid off were over age 55.

Horsham software firm settles age bias suit for $175K

02/25/2010

Astea International has agreed to settle an Age Discrimination in Employment Act (ADEA) lawsuit for $175,000. The EEOC brought the suit on behalf of 47-year-old Frank Fesnak, who was fired from his position as the Horsham-based company’s vice president of strategic alliances.

Can we forbid employees from gathering in a prayer group while on breaks?

02/25/2010

Q. A group of our employees met during their break to have group prayer. A supervisor complained to our president, who said we should tell employees they can’t pray on break time, nor can they pray during lunch unless they leave the building. Some employees are upset. Is this policy legal?

The legal danger of playing ‘peek-a-boo’ with job postings

02/24/2010

Job postings go up … they come down. They go up … they come down. It all seems quite normal. That is, unless a job posting is pulled down to avoid a specific type of candidate. As this new case shows, you can’t delist a job or try to hide the position when you don’t like who applies. Peek-a-boo, the court will catch you!