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Discrimination / Harassment

Accept public funds? Then don’t use religion as basis for making employment decisions

10/05/2009

Businesses and nonprofits that receive taxpayer money and contract with government agencies to provide services may be prohibited from using religious criteria in hiring and firing. And hiring on the basis of someone’s religious beliefs or affiliation may be proof that an employer has crossed the line.

Replacing worker with someone slightly younger isn’t age bias

10/05/2009

The Age Discrimination in Employment Act protects workers age 40 or older from discrimination based on age. To win an ADEA lawsuit, an employee has to show that a younger employee replaced her. However, that younger employee must be at least six years younger unless there is direct evidence of age discrimination.

Parma cable company sued for sex discrimination

10/05/2009

The EEOC has sued Digital Cable and Communications South, a Parma-based cable TV installation company, for allegedly refusing to hire female applicants for cable technician jobs.

Dave’s Markets chain charged with sexual harassment

10/05/2009

The EEOC has sued Cleveland-based Dave’s Markets, alleging the chain tolerated a workplace rife with sexual harassment. The lawsuit claims that a longtime male manager made repeated and unwanted sexual advances against female employees, and the company did nothing to stop it.

Before firing, make sure you treated others just the same

10/05/2009

Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.

Can we require employees to waive their rights to file an EEOC charge?

10/02/2009

Q. I know employees can be required to waive their rights to sue to resolve employment-related disputes, either through a negotiated release or binding arbitration agreement. Can an employer also require employees to agree to waive their rights to file EEOC charges?

Can we privately settle a race bias case that may be heading for the EEOC?

10/02/2009

Q. We have been threatened with a race discrimination lawsuit. Frankly, we think we made a mistake. Can we settle the matter just between the employee and us?

Is our affirmative action plan a Catch-22?

10/02/2009

Q. Our company maintains an affirmative action plan. I’m concerned, however, that if we refuse to hire a white applicant because of the plan, that person might be able to sue us for discrimination. Yet, if we don’t follow the plan, minority applicants can sue us. It seems like a Catch-22. What do we do?

Can employers force older workers to retire?

10/02/2009

Q. Can we legally set a mandatory retirement age for our workers?

Quitting time? Performance improvement plan not enough to justify discrimination lawsuit

10/01/2009

Performance improvement plans (PIPs) are great tools to help underperforming employees come up to standards. But some employees think they can file a lawsuit anytime they are placed on a PIP or are justified in quitting. As the following case shows, that’s not necessarily true.