• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Carefully track all discipline details to show you treat all employees fairly

04/27/2009

Employees who are disciplined sometimes think they’ve been treated unfairly. Some inevitably look for some nefarious reason—like sex, age or race discrimination—to explain the injustice they suffered. And when their lawsuits reach court, you’ll have to turn over your disciplinary records…

Offer alternatives to reporting discrimination straight up the ‘chain of command’

04/27/2009

If an employee suspects his manager of bias, you can’t expect him to go to that particular boss to make a complaint. And you can’t expect to escape a lawsuit if you discipline the employee for going around the boss to report his concerns.

EEOC loses first round of lactation harassment case

04/27/2009

In a case the EEOC probably will appeal to the 4th Circuit Court of Appeals, a federal trial court has ruled that comments about a lactating mother’s breasts over a two-month period weren’t pervasive enough to create a sexually hostile environment.

Bias plaintiffs must suffer discrimination themselves

04/27/2009

Here’s an important thing to remember if your organization is hit with a series of discrimination cases: Even if some are legitimate, that doesn’t mean every member of a protected class can sue.

Merely speaking about need for diversity isn’t protected

04/27/2009

Fired employees with vengeance on their minds often go looking for a reason to sue. They often latch on to the charge that they complained about discrimination and then were punished. As the following case shows, it takes more than a casual mention of diversity to constitute a protected action.

Harassment claim sound loony? Investigate anyway

04/27/2009

Some sexual harassment claims seem so obviously absurd, they’re hard to take seriously. Even so, smart employers investigate and draw conclusions after at least talking to the parties involved. That way, should an employee sue, the company can show it handled the matter promptly and in good faith.

NJLAD amendment aims to end credit history discrimination

04/27/2009

State Assemblyman Anthony Chiappone has introduced a bill that would amend the New Jersey Law Against Discrimination (NJLAD) to bar employment discrimination based on an applicant’s or employee’s credit history or financial status.

N.J. Senate examines possible ‘Senior Labor Task Force’

04/27/2009

The New Jersey Senate Labor Committee has unanimously passed a bill requiring the state to establish a “Senior Labor Task Force” to study, evaluate and make recommendations in four key areas affecting senior citizen employment in New Jersey.

Remind managers to note disability disclosures

04/22/2009

The ADA protects disabled employees from discrimination, but it’s up to the disabled employee to come forward. Employers can’t be expected to be clairvoyant. Smart employers find a way to track those disclosures. Here’s an example of why that’s important:

Make sure your investigations are thorough

04/22/2009

Employers have great leeway when it comes to discharging employees. But many employers get into trouble by failing to conduct a thorough and fair investigation. If the employee can prove the investigation was so cursory that it was just an excuse to cover up an illegal motivation such as age discrimination, the employer may lose big.