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Discrimination / Harassment

No retaliation against co-workers who testify

11/20/2009

It can be frustrating for supervisors when an employee files a lawsuit they honestly think is bogus. It only gets worse if other employees testify on behalf of the employee. When the case ends up being dismissed, it’s natural for managers to carry at least a slight grudge. They no doubt understand that they can’t retaliate against the employee just because he brought a lawsuit. What they may not understand as clearly is that they can’t retaliate against the supportive co-workers, either.

U.S. Supreme Court won’t hear California sex harassment case

11/20/2009

The U.S. Supreme Court has declined to review a Court of Appeal of California decision upholding a reduction of the punitive damages awarded to a former supermarket employee in a sexual harassment case.

FEHA allows terminating pregnant employee if there is absolutely no way to accommodate

11/20/2009

Pregnant employees are protected from discrimination under the California Fair Employment and Housing Act (FEHA). That means employers have an obligation to reasonably accommodate pregnant employees so they can continue to perform the essential functions of their jobs. But that obligation has limits, as the following case shows.

ADA case: More prima donna than prima facie at hotel?

11/20/2009

Hotel banquet captain Richard Robinson claimed to suffer from attention deficit hyperactivity disorder, bipolar disorder, post-traumatic stress disorder and several physical impairments. He asked his employer, the Hyatt Hotel in New Brunswick, to accommodate the myriad maladies …

Do your health assessment questions violate new GINA law?

11/19/2009

It’s time to take a fresh look at the health questionnaires you hand out to employees as part of your wellness program. New federal regulations that prohibit discrimination against people with congenital medical conditions mean you must review health risk assessments to make sure they don’t ask employees to reveal protected information.

When promotions are on the line, follow your criteria and beware supervisor bias

11/13/2009

When promotion processes bypass qualified candidates, discrimination lawsuits are almost sure to follow. That’s because employees can easily poke holes in complex candidate-ranking systems, and supervisor bias emerges when promotions are on the line. If you have set criteria for promotions, make sure you follow your own rules.

Warn bosses: One wisecrack can mean trouble

11/13/2009

When supervisors and managers have to deal with an employee they perceive as trouble, emotions can take over. That’s bad news. Warn them that anytime they have to deliver bad news to an employee—for example, while disciplining or firing—they must refrain from making smart-aleck comments. Wisecracks are too easy to misinterpret, especially if the employee already thinks the employer is out to get him.

Before assigning work based on employee and client race, double-check for bias

11/13/2009

Here’s a problem you might not see coming. Let’s say you have an employee who belongs to a protected class, and whose skills you believe will help when relating to others of the same protected class. Before you decide to assign work to the employee based on those skills, consider whether doing so is, in effect, unspoken segregation.

ADA return-to-work case costs Sears $6.2 million settlement

11/13/2009

Retail giant Sears will pay $6.2 million to disabled workers it refused to accommodate. The EEOC sued Sears after uncovering more than 100 employees who claim the company refused to discuss accommodations before firing them.

Foreign managers? Warn them against age bias

11/11/2009

Is your organization a subsidiary of an overseas company? If so, you may have to warn managers who are used to a different set of rules that comments about age preference can lead to trouble.