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Discrimination / Harassment

Keep cases from escalating: When hot-headed manager blows up, order cooling-off period

08/14/2009

Even the best bosses sometimes blow up. An employee slacks off or messes up, and the manager lashes out. Everyone knows such outbursts shouldn’t happen. That doesn’t mean they won’t. How you handle the aftermath may make the difference between a jury trial and a smooth return to workplace normalcy.

Beware that bloated résumé: Extra skills don’t necessarily mean better qualified

08/14/2009

Employees who want a promotion sometimes get upset when they aren’t selected, especially if the job winds up going to someone they perceive as less skilled or talented. But if the spurned employee’s extra skills or training weren’t necessary, they aren’t particularly relevant. And they’re certainly no proof that the promotion process was tainted by bias.

Make sure promotion panels don’t know anything about candidates’ prior complaints

08/14/2009

When promoting from within, one of the best ways to protect against retaliation claims is to use a promotion panel. If possible, make sure panel members don’t know about any complaints any of the candidates might have previously filed. That way, if the employee who says he’s being retaliated against doesn’t get the job, he can’t blame it on the panel’s knowledge of his prior protected activity.

Warn bosses: One comment could ignite racial case

08/14/2009

Remind supervisors that any comments they make about race or another protected characteristic can come back to haunt the company. It doesn’t much matter whether the comments come before or after a termination decision has been made.

EEOC says Scrub snubs blacks

08/14/2009

According to the EEOC, Scrub Inc., which cleans commercial airplanes that land at O’Hare International Airport and provides janitorial services at other large Chicago-area facilities, discriminates against black job applicants.

Keep careful track of work-restriction notes

08/13/2009

Some bosses are visibly irked when they receive a doctor’s note restricting the work an employee can perform. If the employee notices that reaction and then gets disciplined or fired, watch out for a lawsuit! Her attorney will probably try to link the timing of the doctor’s note and the adverse employment action as proof of discrimination or retaliation. 

You don’t have to raise arbitration pact with EEOC

08/13/2009

Do you require employees to sign an agreement to arbitrate workplace disputes as a condition of employment? If so, you don’t lose the right to force the case into arbitration if you don’t ask for it during an EEOC investigation.

It cuts both ways: Be on guard for religious harassment that offends nonbelievers, too

08/13/2009

Employees are entitled to work in an environment free from religious harassment, and employers should treat such harassment just as seriously as they do any other kind of harassment. Do that by promptly investigating complaints and fixing any problems you discover. What you don’t want to do is ignore religious harassment.

Beware alternative to Title VII: There’s another way to file for race discrimination

08/13/2009

You are no doubt familiar with Title VII of the Civil Rights Act. It prohibits various kinds of discrimination and also spells out tight deadlines for when employees must file complaints with a state discrimination agency or the EEOC. But there is another avenue employees can use to get into federal court, as long as race is at the core of the discrimination claim: Section 1981 of the Civil Rights Act.

Frequent firings may indicate personality conflicts, not bias

08/13/2009

Companies that fire lots of employees get sued for discrimination by many of the castoffs. But all those terminations may be an indication of employee/management personality conflicts, not discrimination.