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Discrimination / Harassment

Of good faith and gut instinct: Fire employee who falsely claims discrimination

09/08/2009

It’s frustrating when an employee continually claims to be the victim of discrimination while internal investigations show that just isn’t so. If an employer is confident the employee’s charges are false, it can terminate the employee. That’s true even if you turn out to be wrong—because what matters is your good-faith belief that the employee made up the discrimination claims.

How to show you don’t discriminate: Track all discipline and punish equitably

09/08/2009

At some point, a former employee will sue your organization for discrimination. The typical argument: Someone not in the same protected class as the employee was treated more leniently. How will you show that’s not true?

Age alone can’t win worker’s age discrimination case

09/08/2009

Older employees who are demoted, not promoted or fired sometimes assume they can win ADEA lawsuits simply by proving they were the oldest employee to suffer their fate. That’s not the case.

Texas limits employee’s right to claim emotional distress

09/08/2009

Texas doesn’t allow so-called intentional infliction of emotional distress claims by employees when the underlying facts show the case is covered by employment laws that address bias. That gives employees one less weapon to wield.

Former crew leader sues Teknor Color for disability bias

09/08/2009

A former Teknor Color Co. employee is suing the Jacksonville company for violating the ADA and the Civil Rights Act when it terminated her from her crew leader position.

EEOC sues San Antonio apartment company for race bias

09/08/2009

The EEOC recently filed a lawsuit against a San Antonio apartment management company for discriminating against an employee after he hired a black worker.

Federal court asks N.Y. to rule on harassment

09/02/2009

New York City employers may soon have a definitive answer to a vexing question under the New York City Human Rights Law (NYCHRL). The 2nd Circuit Court of Appeals has asked the New York Court of Appeals to tell the federal court whether the NYCHRL permits employers to raise the affirmative defense available under U.S. Supreme Court sexual harassment rulings.

Record of support for pregnant women, working moms helps win discrimination cases

09/02/2009

Employers that support pregnant and working mothers fare better if they do get sued by someone who believes she suffered pregnancy discrimination. That’s because courts are reluctant to believe that an organization would suddenly become biased after demonstrating a history of progressive policies for pregnant women and working mothers.

Put teeth in your arbitration agreements! Make sure employees acknowledge them

09/02/2009

If you use mandatory arbitration agreements, take the extra time to make sure courts will enforce them. In New York, that means showing that the applicant or employee knew that getting and keeping her job required agreeing to arbitration of all employment disputes.

Stop legal bait-and-switch by documenting, retaining copies of employee complaints

09/02/2009

Employees who engage in some form of protected activity—such as filing an EEOC complaint, participating in a discrimination case or complaining about possible discrimination to the company—are protected from retaliation for doing so. But often employees who complain about one thing end up suing on entirely different grounds …