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Discrimination / Harassment

Evaluate work before switching to full time

05/27/2009

Some part-timers naturally want to move up to a full-time position. But when they apply and aren’t selected, they may claim they were turned down because of some form of discrimination—even if the real reason was that they weren’t performing well in their part-time roles.

Train managers: Watch out for language that could be construed as derogatory

05/27/2009

Sometimes, people don’t realize the language they are using may be offensive to members of a protected class. That can happen when a term has been in use for decades or even centuries and has become separated from its original meaning or context. Consider a recent case involving usage of the term “tar baby.”

Carefully track all training to ensure all employees have equal access

05/27/2009

Employees are entitled to a workplace free of discrimination. That includes having equal access to training. For example, favoring some employees for training opportunities at the expense of other employees who belong to a protected class may cause a discrimination lawsuit.

Threats at work: You can punish, even if weapon turns out to be a toy

05/27/2009

You probably have workplace rules that ban weapons in the workplace and don’t allow employees into the building with guns or knives. And that rule probably spells out that you will terminate an employee who threatens or displays a weapon at work. But what if the ‘‘weapon’’ turns out to be a toy?

N.C. law protects workers who refuse boss’s sexual advances

05/27/2009

North Carolina’s Equal Employment Practices Act (EEPA) provides that “it is the public policy of this State” to protect employees from discrimination. Until now, it was unclear how far the law went in giving employees the right to directly sue their employers.

Britthaven nursing home settles pregnancy discrimination claim

05/27/2009

The Kinston-based Britthaven nursing home and assisted-living chain has settled a pregnancy discrimination claim with the EEOC for $300,000. The agreement settles a lawsuit brought by Katherine Hance and other pregnant employees who claimed they were treated differently from other employees …

How can we prevent co-worker harassment from escalating into violence?

05/27/2009

Q. A co-worker is harassing one of our employees, and we are concerned it may get violent. What can we do about this?

Fired for using ‘N-word’, news anchor sues

05/27/2009

WTXF TV news anchor Tom Burlington has sued his former employer claiming discrimination after he was fired for using the “N-word” in an editorial meeting called at the Philadelphia station to discuss a news story about a mock funeral to bury the “N-word.”

Federal employment bias claims may be subject to grievance arbitration

05/27/2009

On April 1, the U.S. Supreme Court held that arbitration provisions in collective-bargaining agreements that clearly and unmistakably require arbitration of Age Discrimination in Employment (ADEA) claims are enforceable.

Can we do anything about an employee who files false harassment claims?

05/27/2009

Q. An employee of ours has filed several sexual harassment complaints. But when we have investigated, they have turned out to be false. Can we do something about her?