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Discrimination / Harassment

Use ‘general public’ test to determine whether employee is disabled under the ADA

09/23/2009

Employees who have minor physical problems—even permanent ones—aren’t necessarily disabled and entitled to ADA accommodations. The test in each case is how the impairment compares with the average member of the general public.

How to wind up in court: Suggest ‘a man would be better’

09/23/2009

Here’s advice that bears repeating to everyone involved in hiring and firing: Never opine that you’d prefer someone of the opposite sex to do a job. Word will get around … and you’re sure to get sued.

Dogged by sexual harassment suit, PetSmart settles

09/23/2009

A manager for PetSmart’s Pottstown and Wyomissing, Pa., stores got his employer in the doghouse after he sexually harassed female employees. It seems the manager was something of a beast. When female employees complained, they got the corporate equivalent of “Sit! Stay!” PetSmart failed to address the women’s concerns.

EEOC charges modular housing company with racial bias

09/23/2009

According to an EEOC complaint, North Carolina-based Professional Building Systems has subjected black employees in Pennsylvania to harassment that included drawings depicting members of the Ku Klux Klan. The complaint also alleges nooses have been displayed in the workplace …

What should we consider as we implement a community service evaluation measure?

09/23/2009

Q. Our CEO just implemented a new employee evaluation goal that calls for employees to do charitable volunteer work throughout the year. The more they volunteer, the higher the points they receive on their review, ultimately increasing their salaries. Can we do this without risk?

Adopt civility policy, punish disruptive behavior

09/21/2009

The workplace is meant for working, and employers have the right to expect their employees to behave themselves. You can and should demand that all your employees treat each other, customers, supervisors and everyone else with dignity. If you don’t already have a civility rule, consider adopting one.

Employee announces she’s pregnant? Say ‘Congratulations!’ … and nothing more

09/21/2009

There’s only one safe way to respond to an employee’s pregnancy announcement—and that’s a simple “Congratulations!” Anything else may spell trouble down the line, especially if the pregnant woman ends up being terminated. She’ll probably sue and try to tie any negative comments to the termination, arguing they demonstrate pregnancy bias.

It takes two to have an argument—suspend both when beefs get out of hand

09/21/2009

It’s a fact of life: Employees get into arguments at work. Obviously, you can’t let a situation get out of hand. But be careful how you discipline the individuals. That’s especially important if there’s no clear evidence about who said what to whom. If you decide to suspend one employee, suspend the other one, too.

Testifying for subordinate may be protected activity

09/21/2009

Supervisors who stand up for subordinates when they claim they have been discriminated against may be engaging in “protected activity.” That could make punishing those supervisors retaliation.

‘Sexting’ causes growing harassment risk in workplaces

09/18/2009

HR is being forced to respond to an increasing number of sexual harassment claims revolving around explicit photos sent via text message, a practice known as “sexting.” Latest case: A Hooters waitress in Florida sued, saying her manager sexually harassed her by texting explicit photos.