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Discrimination / Harassment

Warn everyone on staff: E-mail isn’t ‘private’

02/24/2009

Are you looking for a way to discourage employees from using the company e-mail system to send personal messages and curtail circulation of potentially harassing or discriminatory communication? Then tell them about the case involving Henry T. Nicholas III, the embattled co-founder of Broadcom.

Cal State Fresno settles coach’s bias claim for $5.2 million

02/24/2009

California State University Fresno has settled a suit brought by a female former volleyball coach who accused the school of sex discrimination. The settlement was reached 18 months after a California Superior Court jury returned a $5.85 million verdict in the favor of Lindy Vivas …

Retaliation ruling could cost Contra Costa County $1 million

02/24/2009

A government employee has won a jury trial against Contra Costa County, and the verdict may cost the county more than $1 million.

Can we hire only ‘careful’ workers to reduce our workers’ comp costs?

02/24/2009

Q. Several recent hires have suffered work-related injuries shortly after beginning their employment. As a result, our workers’ compensation premiums have soared. The company’s CEO, in an effort to avoid this problem, has directed that only “careful” workers be hired in the future. Is this legal?

Don’t count on missed EEOC filing to end case

02/24/2009

Timing is everything in discrimination suits. Ever since the U.S. Supreme Court decided in 2008 that an employee could effectively file a discrimination complaint simply by completing an EEOC intake document, employers have learned they can’t rely on the date stamped on the actual EEOC complaint form as the official deadline date.

Jersey City Rastafarian shaves $10,000 off UPS

02/24/2009

A federal jury in Trenton has awarded $10,000 to a man denied a job at UPS because he refused to shave off his one-inch beard. Roniss Mason of Jersey City claimed shaving violated his Rastafarian religious beliefs and filed a complaint with the EEOC.

Don’t sweat EEOC complaint after discipline if you can prove process was fair

02/24/2009

It’s a fact that employees who think they are in trouble will look for ways to avoid termination—or profit from it. So it should come as no surprise if an employee files an EEOC discrimination complaint after you discipline him and warn that he may soon be terminated.

Do you use an arbitration clause? Make sure you can prove employees agreed

02/24/2009

Employers that use arbitration clauses can often get lawsuits sent to an arbitrator for faster and less expensive resolution—but only if they are prepared to prove that their employees agreed to arbitration.

Applicant injured after passing medical exam? Demand another

02/24/2009

It’s common to make a job offer contingent on the applicant passing a job-related medical examination. But what happens if the applicant passes the exam and then becomes ill or injured before starting work? In those cases, the employer can demand another exam or more information.

Ledbetter Fair Pay Act may apply to pending cases, too

02/24/2009

The recently signed Lilly Ledbetter Fair Pay Act may apply to pay discrimination cases that were filed before the law was signed and after the U.S. Supreme Court ruled in 2007 that employees have just 300 days to file pay claims after the initial alleged discriminatory decision.