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Discrimination / Harassment

Firing employee who complained of harassment? Don’t let alleged harasser play any role

01/11/2010

Here’s a rule of thumb to follow: An alleged harasser should have no part in a later termination decision involving his or her accuser. Giving the alleged harasser any role in the firing is almost certain to spur a retaliation lawsuit, even if it turns out the harassment claim doesn’t stick.

Cut liability by acting fast following employee complaint

01/11/2010

Under Florida law, employees whose supervisors treat them so outrageously that they suffer emotional damage may have a claim for intentional infliction of emotional distress. But the conduct has to rise to a level that is truly outrageous. That’s why taking quick action after the employee first complains can help prevent a minor workplace problem from becoming a legal catastrophe.

Tampa enacts law banning transgender discrimination

01/11/2010

By a 5-to-1 vote, the Tampa City Council has passed legislation banning discrimination based on gender identity and expression in employment, housing and public accommodation.

Employment testing and discrimination in the post-Ricci era

01/11/2010

Like every other aspect of the employer-employee relationship, a variety of federal and state laws govern how employers can administer job-related tests. Last year, the U.S. Supreme Court ruled in Ricci v. DeStefano that employers violate Title VII if they do not validate job testing results solely because they fear a lawsuit.

Chicagoland truckers offer lesson on price of harassment

01/11/2010

The EEOC has charged YRC Inc.—the trucking firm created by the merger of Yellow Transportation and Roadway Express—with racial intimidation and harassment at its Chicago Ridge location. According to the complaint, black employees at Chicago Ridge had to endure nooses, racist graffiti and racial slurs while working at the plant.

Great! You have an anti-harassment policy; now make sure all your employees can use it

01/11/2010

Your organization probably has policies prohibiting sexual harassment, and you probably offer training for supervisors and employees alike on how the policy works. But that simply isn’t enough. What really matters is what happens once an employee picks up the phone or stops by HR to discuss potential sexual harassment.

6 years is long enough: Are quick dismissals on the way following 7th Circuit’s rebuke?

01/11/2010

Employers may soon notice trial judges dismissing frivolous lawsuits sooner rather than later. It seems some of the judges on the 7th Circuit Court of Appeals have taken to chastising trial judges who don’t move fast enough. That could mean significant savings on legal fees if trial judges heed their brethren’s advice.

Transfer with same pay and benefits may still be an adverse employment action

01/11/2010

Employees who are transferred to another position with fewer or less important responsibilities may use the transfer as a basis for an employment discrimination lawsuit. That’s true even if the transfer doesn’t come with less pay or fewer benefits.

Snubs alone don’t support discrimination lawsuits

01/11/2010

Some employees see every little slight as a major affront and think they are being discriminated against. Fortunately, courts don’t want to be in the civility business—and they frequently toss out such cases.

Don’t give up just because EEOC rules against you

01/11/2010

All is not lost if the EEOC rules against an employer during a lawsuit’s initial stages. Judges can refuse to let a jury hear what the agency concluded. Lesson: Don’t let an adverse EEOC decision persuade you to settle.