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Discrimination / Harassment

Can law enforcement agencies prohibit uniformed officers from wearing religious garb?

05/11/2009

Q. As a law enforcement agency, we have several employees who want to wear religious garb with their uniforms. Our uniform regulations do not provide any accommodation for religious symbols or dress. Can we require strict compliance with the uniform regulation without violating religious discrimination laws?

What’s likely to happen when an employee waits two months to charge harassment?

05/11/2009

Q. A female employee has made a hostile environment claim for the first time. She alleged that her male supervisor began sexually harassing her more than two months ago. She claims she didn’t complain sooner because she feared her supervisor would retaliate against her. Based on her excuse, will we still be able to defend against a lawsuit claim by asserting that she unreasonably failed to use the complaint procedure available to her to prevent and stop any alleged harassment?

Support exempt decisions with job analysis

05/06/2009

If an employee asks to be reclassified from nonexempt to exempt, make sure you carefully look at her position to determine her proper classification. If you have a legitimate reason for your classification decision, chances are she won’t be able to win a claim that you discriminated when you refused to reclassify her as an exempt employee.

Boss who hired also fired? Back it up anyway

05/06/2009

Most of the time, employers can win discrimination cases by showing that the same “actor” hired and fired an employee. Courts generally assume that the employer’s stated reason for discharge is the true reason and not an excuse to cover up discrimination. That doesn’t mean, however, that you can be loose with your discharge reasons.

Investigate in good faith and your credibility call will stand—even if wrong

05/06/2009

When employers investigate discrimination claims, they don’t have to act like courts of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” Don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Use your solid records to counter employee’s claim of discriminatory treatment

05/06/2009

The difference between winning lawsuits and losing them often comes down to good record-keeping. When an employee sues for discrimination, for example, a solid discharge reason will trump the allegations unless the employee can show it was false or that others weren’t discharged for similar problems.

Hey, look, we’re on TV! Better fire that guy!

05/06/2009

The U.S. Department of Labor has settled with Triple B Cleaning, a Houston company, that it claims illegally fired an employee who had complained about workplace safety issues to local news media.

Talk of one’s gay partner isn’t harassment

05/06/2009

Employers are rightly sensitive about the effects of any kind of sexually explicit talk at work. That’s because some employees are looking for anything to sue over. But now the 2nd Circuit, which has jurisdiction over New York, has handed down a ruling sharply limiting frivolous cases that could have set unrealistic employer obligations.

Being overly friendly isn’t harassment

05/06/2009

Title VII protects employees from discrimination based on sex, and sexual harassment is sex discrimination. That doesn’t mean, however, that every unwanted work relationship is sexual harassment. As a recent case shows, an obsessive interest, unrelated to sex, by one employee in another isn’t prohibited.

Crack down on association discrimination before it lands you in court

05/06/2009

Does your organization allow or tacitly condone it (by ignoring it) when employees criticize a co-worker who associates with members of a different protected class? If so, you should be aware that disciplining that employee can bring on a lawsuit.