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Discrimination / Harassment

Helping worker dodge jury duty with medical excuse doesn’t amount to disability

10/13/2009

Here’s a novel twist on the ADA violation of regarding someone as disabled. The 11th Circuit Court of Appeals has ruled that an employer doesn’t necessarily consider an employee disabled just because a manager uses a health-related excuse to help a worker get out of jury duty.

EEOC bites Cobra for supervisor sexual harassment

10/13/2009

Allegedly lewd and crude behavior by managers has led the EEOC to file a sexual harassment lawsuit on behalf of female employees of Delray Beach-based Cobra Construction and Cobra Pavers and Engineering.

Will lawsuit help Six L’s learn lesson on bias?

10/13/2009

The EEOC has filed national-origin and race discrimination charges against Immokalee-based packing company Six L’s. The complaint alleges Haitian employees endured a hostile work environment in which they were continually degraded by a largely Hispanic cadre of manages who considered Haitian workers “slaves.”

Handle supervisor harassment with a good policy, timely investigation and independent review

10/12/2009

It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:

How to reduce liability for harassment: Do the right thing

10/11/2009

In a case that has simple yet profound lessons for employers, the 7th Circuit Court of Appeals has ruled that an employer wasn’t liable for co-worker harassment—all because the company acted fast and effectively when it discovered the harassment.

Include family caregivers in anti-discrimination policies

10/09/2009

Family responsibility discrimination (FRD)—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.

Investigate even ‘frivolous’ complaints

10/09/2009

It may be tempting to ignore complaints you suspect are frivolous or unfounded. Don’t give in to that temptation! Instead, investigate the case as you would any other. Then resolve the matter and document everything—including whom you talked to and what they said. It’s the best way to short-circuit a meritless employee lawsuit.

Ban all racial comments—discrimination is discrimination, regardless of particular race

10/09/2009

You need a zero-tolerance policy banning all comments about race or ethnicity. It doesn’t matter whether the race being singled out is a majority or a minority race. The act of harassing someone because of his race is illegal either way. It also doesn’t add one bit to workplace harmony or the bottom line.

OK to terminate pregnant employee sometimes; the PDA merely requires equal treatment

10/09/2009

Some employees believe the Pregnancy Discrimination Act makes it illegal to discharge a pregnant woman for any reason related to the pregnancy. That’s not quite true. The PDA merely requires employers to treat pregnant women no differently than other employees. That may mean discharge for complications associated with pregnancy—under the right circumstances.

Keep resignation letter, exit interview notes—just in case

10/09/2009

Employees often don’t think about suing until after they have quit their jobs and moved on. Then they claim they had no choice but to quit because working conditions were so dreadful. Beat such allegations by keeping resignation letters and any notes taken during exit interviews. They help prove the resignation was voluntary.