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Discrimination / Harassment

The best way to end hostile environment suits: Train bosses what to do when worker complains

07/24/2009

Some employees are more sensitive to potential sexual harassment than others. What some might disregard as innocent flirtation, others might consider an unwelcome come-on. Courts often throw out harassment suits that start that way, but why tempt fate—or spend time and money defending yourself?

Set clear, fairly enforced rules on behavior to trump ‘my disability made me do it’

07/24/2009

Some employees with genuine disabilities think they can use their health conditions as excuses to break workplace rules regulating behavior. They can’t, if managers genuinely believe the employee violated the rules, and those rules are clear and equitably enforced.

When supervisor makes stupid comment, make sure you can justify discipline

07/24/2009

When a supervisor says something insensitive, employers must fix the problem and then make sure the comment doesn’t reflect some sort of deep bias. Follow up on the comment with appropriate discipline and then check to see that any discipline recommended by the supervisor is based on independently verifiable information.

Circle that date! EEOC filings have 300-day deadline

07/24/2009

Remember: Pennsylvania employees have just 300 days to file an EEOC complaint.

Phillies vs. Mets: At least this time, home fan disappointed

07/24/2009

When the New York Mets play in Philadelphia, they stay at the Westin Philadelphia in Center City. In August 2007, John Dunlap was staffing the hotel’s front door when he attempted to move the ropes back to make more room for the entering ball players. That’s when a New York fan cursed at him—and that’s where the trouble began …

Employee filed EEOC suit? Stifle your anger

07/24/2009

Just heard an employee has filed an EEOC complaint against your company? Whatever you do, don’t lash out in anger! It’s one of the worst things you can do. Raising your voice, making threats or otherwise showing your displeasure are surefire recipes for more litigation.

Allow religious days off if at all possible

07/24/2009

Employers are required to reasonably accommodate employees’ religious beliefs. That can include adjusting work hours, such as not scheduling employees to work on worship or holy days. Never punish an employee who tells you he must miss work for religious reasons unless you have considered possible accommodations.

Make sure employees understand policy and process for reporting sexual harassment

07/24/2009

Employers can do plenty to stop sexual harassment, but employees have obligations, too. If the company has a process for reporting co-worker sexual harassment, employees must follow it. Otherwise, they lose the right to complain. That’s why you need a sexual harassment policy that gives employees the information they need to come forward.

Rest easier tonight! You can’t be held personally liable for Title VII violations

07/24/2009

It’s tough being an HR professional during the worst recession in memory. Every day, you have to make tough decisions about pay, hours, layoffs. At least there’s good news from one North Carolina court: HR pros aren’t personally liable under Title VII for any mistake they might make while carrying out their job responsibilities.

Train front-desk workers what to do with legal papers

07/24/2009

It happens all the time: An employee sues and the papers show up at the front desk. Unless the employee on duty knows what to do with legal documents, you may lose valuable time preparing a response. Make sure everyone knows exactly where to send legal paperwork.