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Discrimination / Harassment

Transfer—without penalty—won’t make a retaliation suit

03/13/2009

An employee who files a discrimination complaint is protected from retaliation. But that doesn’t mean employers can’t make everyday moves—such as transferring someone who once complained of bias—without risking a lawsuit.

Firing? Keep all communications between employee and boss

03/13/2009

Employees who have been terminated often claim they suffered some form of discrimination or harassment. That’s one good reason to tell managers and supervisors they need to keep each and every piece of paper, phone message and e-mail that led up to the firing.

Movie production companies wrap up PDA suit for $75,000

03/13/2009

Two production companies for Will Ferrell’s movie Stranger than Fiction will pay a rejected job applicant who was pregnant $75,000 to compensate her for discrimination.

Social Security disability doesn’t mean no accommodations

03/13/2009

A federal court has sided with the EEOC in a disability discrimination case involving the Macomb store of auto parts retailer AutoZone. The case involved a store manager, John Shepherd, who suffered from back and neck injuries that limited his ability to lift or rotate his upper body.

First law Obama signs opens door to more pay discrimination claims

03/12/2009

The first bill signed into law by President Obama significantly expands employers’ exposure for possible claims of discriminatory pay. It’s too soon to tell whether the Lilly Ledbetter Fair Pay Act represents the beginning of a new wave of pro-employee legislation. But in and of itself, the law represents a significant development of which careful employers need be aware.

How to write the perfect rejection letter

03/10/2009

Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.

5 policy issues will shape HR—and nation’s economic recovery

03/10/2009

Major policy issues being debated in Washington will likely change the face of HR this year, according to speakers at the SHRM’s 2009 Employment Law and Legislative Conference. As a new Democratic Congress gains legislative traction and the Obama administration begins making policy, those issues could also be key to reversing the fiscal meltdown.

Make pre-firing investigation truly independent

03/09/2009

You might have rogue managers in your midst without even knowing it. If one of your supervisors has it in for a subordinate for discriminatory reasons, and you rely on his recommendation to terminate an employee, you may be in trouble.

Use solid research to back business-necessity defense when deciding not to accommodate

03/09/2009

Few employers win ADA cases by using a business-necessity defense. That’s probably because few employers take the time to really lay out why their business cannot accommodate a particular disability. Now the 11th Circuit has decided a business-necessity case that can serve as a blueprint for employers that want to use it effectively.

Proactively stamp out racist behavior to cut liability for hostile environment

03/09/2009

When employees claim they were forced to work in a racially hostile environment, the law says they can go back far into the past to show a pattern of harassment. Taken together, isolated acts that wouldn’t be severe enough to create a hostile environment may create liability. But an employer doesn’t have to be a hostage to its past.