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Discrimination / Harassment

What would you do? Employee claims harassment but won’t identify alleged culprit

07/20/2009

Occasionally, employees work up the nerve to complain about sexual harassment only to get cold feet about pressing their complaints. What should you do if an employee complains, but then just asks for a transfer instead of identifying the alleged harasser? That’s the situation one employer recently faced.

Rockford firm settles race bias suit for $630,000

07/20/2009

Rockford, Ill.-based Area Erectors Inc., has agreed to settle a class-action lawsuit brought by 23 workers who alleged racial discrimination. According to the EEOC, the company laid off black workers while keeping equally qualified and tenured white workers.

How far can our company go in prohibiting employees from smoking?

07/20/2009

Q. We are committed to providing a healthy and safe environment for our workforce. To that end, we strictly prohibit smoking on company property. Can we also prohibit employees from smoking during their lunch breaks and outside of work?

There’s a big difference between ‘unfair’ and illegal

07/20/2009

Every employer’s goal should be to manage employees in a manner that’s blind to race, sex, age and disability. That doesn’t always happen. But it’s important to realize that it’s only when unfairness harms members of a protected class that the practice is illegal.

Tell bosses: Work sexual harassment rules apply to other business relationships, too

07/17/2009

Warn your supervisors and managers: If they sexually harass business associates who aren’t your employees, those associates can sue for sexual harassment, too. The harassment has to meet the same standards as in the employment setting.

Disabled customers can’t access your facilities? Pay up!

07/17/2009

You know that you have to accommodate disabled applicants and employees under both the ADA and California’s Unruh Civil Rights Act. When making those accommodations, think of customers, too. The California Supreme Court has ruled that customers who can’t access your public spaces can sue for damages.

Pair of Supreme Court rulings redefine race, age bias

07/17/2009

In the days before ending its 2008-09 term, the U.S. Supreme Court issued two important employment law rulings. Now it’s harder for employees to win age bias lawsuits. Also, the court ruled on race bias in pre-hire testing.

Warn bosses: Pregnancy plans talk is off-limits

07/17/2009

Are some of your organization’s supervisors still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? If so, your organization may be a few off-base questions away from triggering a discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

No evaluations? You could be called ‘Out!’

07/17/2009

The recession has put the brakes on pay raises in many workplaces. But too many employers have halted performance reviews at the same time. That’s a major mistake. Reason: Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce evaluations that back up your stated termination reasons.

Remind managers: Even unconventional female-on-male harassment can be illegal

07/17/2009

Here’s a simple rule of thumb: Managers and supervisors should never comment on any aspect of an employee’s sexuality. That goes for female supervisors, too, who may believe that only women can be victims of sexual harassment.