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Discrimination / Harassment

Watch out for retaliation—even if employee never made formal discrimination complaint

11/11/2009

Employees who come to HR with complaints about alleged discrimination are protected from retaliation, as are employees who go to the EEOC or state and local anti-discrimination agencies. But what about employees who voice informal complaints? They’re protected from retaliation, too, even if all they did was simply voice concerns about how the company is treating other employees.

Zero-tolerance policy on theft OK if applied consistently across the board

11/11/2009

If you believe an employee has been stealing from your organization, you may not have the time or resources to launch an investigation worthy of "Law and Order." If it’s your consistent policy to terminate those accused of stealing, fire away.

Attitude, absence & foul language: 3 scripts for those conversations you’d rather not have

11/10/2009

Paul Falcone, author of 101 Tough Conversations to Have with Employees, offers these scripts to follow when you need to have awkward but essential conversations with employees. Here’s what managers should say after they’ve said, “Hey, got a minute?” 

Family ties: Discrimination trend … and trap!

11/10/2009

Discrimination against employees because of their family caregiving duties has become a hotbed for litigation against employers, and every indication is that this trend will continue. So it’s critical for employers to recognize the potential for liability and take necessary steps to avoid being the next defendant. Here’s how.

Be ready to explain male/female pay disparity—dating back to the time salaries began to diverge

11/09/2009

Since Congress passed the Lilly Ledbetter Fair Pay Act, employers have again been in the position of having to defend paying men and women differently—and sometimes that means going back many years, to the time when pay scales began to diverge. If you can’t show a court that the decision you made years ago was legal under the Equal Pay Act, the employee may win.

Treat all pregnant employees equally, regardless of race or ethnicity

11/09/2009

Attorneys seem intent on finding some form of discrimination in every adverse employment decision—and courts seem increasingly inclined to go along. Consider this recent case, in which a pregnant black employee won the right to a jury trial on race and national-origin discrimination based on the allegation that a white pregnant employee was treated better.

Justify why some got training, while others didn’t

11/09/2009

Training opportunities at work must be available to all employees regardless of race, ethnicity, religion and so forth. That doesn’t mean, however, that everyone who wants to take a particular training course must get the opportunity. Employers can base training opportunities on the critical need for some employees to get the training.

How you can be sued for bias even if you don’t discriminate

11/09/2009

A New York City broker of apartment rentals and sales may face legal liability for alleged age bias—not because it discriminated, but because its independent contractor did. It’s a cautionary tale for any organization that outsources hiring.

The New York State Labor law amendments you need to know

11/09/2009

Despite a summer of political circus distractions in Albany, the New York Legislature continued to crank out laws that further regulate New York employers. Here are some recent changes to New York State laws that you need to take into consideration.

How to prove work environment isn’t hostile: Track every bias, harassment complaint

11/09/2009

Employers can’t guarantee that employees will never feel offended by a co-worker’s comment about race, ethnicity, sex or other protected characteristics. But employers can and should make sure employees know what to do if they do feel offended or harassed—and then track exactly how the matter was handled.