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Discrimination / Harassment

Don’t know who’s harassing? What to do

12/24/2009

What’s an employer to do when an employee complains of anonymous harassment? You may never be able to figure out who is doing the harassing, but you must still do something—if only to show that your company doesn’t approve. Begin by opening an internal investigation, just as you would for any other complaint.

Use objective criteria—and beware subjective judgment calls—when deciding promotions

12/24/2009

Nothing speeds a disappointed job-seeker’s trip to court like a selection process based on an employer’s use of subjective criteria to make the hiring decision. That’s especially true if the biggest deciding factor is subjective, while objective factors receive lesser weight.

Charlotte firm settles bias case filed by Muslim employee

12/24/2009

Charlotte-based Sunbelt Rentals has agreed to settle charges it discriminated against a Muslim worker at a store in Maryland. According to the complaint, Clinton Ingram endured ridicule, allegations he was a terrorist and harassment that included an anti-Islamic cartoon posted in the workplace.

Pregnancy Discrimination Act doesn’t cover child care woes

12/23/2009

The Pregnancy Discrimination Act (PDA) protects employees from discrimination based on pregnancy and related medical conditions. It doesn’t, however, let new mothers take off work when child care arrangements fall through, as the following case shows.

EEOC targets teen harassment; Ruby Tuesday pays $255,000

12/23/2009

The Ruby Tuesday casual dining chain has agreed to pay $255,000 to a group of teenage girls who worked at its East Stroudsburg restaurant after the EEOC filed a lawsuit accusing a manager there of sexual harassment.

Settlement ends bias suit against Wyomissing company

12/23/2009

Wyomissing-based industrial fastener and tool maker SFS Intec has agreed to settle an EEOC discrimination lawsuit arising at a plant in Ohio. Two Hispanic employees complained of being denied training opportunities that were open to non-Hispanics.

How can we find out whether employees are poaching health coverage for partners?

12/23/2009

Q. A few of our employees have added their spouses to our health benefits plan. We’ve heard through the grapevine that some of these couples aren’t actually married. Can we check on this without being discriminatory?

Firing due to ‘romantic tension’: Is it sex bias?

12/22/2009

When co-worker relationships break up, tensions can boil over in the workplace. Back-stabbing and name-calling may play out in the office—and that may require discipline. When that happens, investigate thoroughly. But watch out for discipline that looks suspiciously like discrimination against just one of the former lovebirds.

Call lawyer about new accommodation class

12/22/2009

The 9th Circuit Court of Appeals, with jurisdiction over California employers, has ruled that the federal Rehabilitation Act covers discrimination claims brought by an independent contractor. The Rehabilitation Act applies to federal agencies, government contractors and organizations that receive federal funding.

Beware ‘injury discrimination’ suits for failing to treat injured workers like other employees

12/22/2009

California law makes it illegal for employers to discriminate against employees who are hurt at work. For example, if an employer requires those hurt at work to use vacation time for medical appointments while other employees can take sick leave, that would be illegal discrimination.