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Discrimination / Harassment

Courts grow impatient with employees’ frivolous cases

03/03/2009

As the economy slumps, expect more lawsuits from employees who lose their jobs. Many won’t find lawyers because their cases are flimsy. They may then file the lawsuit themselves. Fortunately, courts are beginning to lose patience with such cases …

Let applicants review their online applications, résumés

03/03/2009

If you accept applications online and have potential employees provide their résumés electronically, let applicants review their submissions. You’ll avoid unnecessary lawsuits.

Double duty: Regulating moonlighting and following the law

03/03/2009

As the economy heads south, many of your employees have probably considered—or already found—second jobs to supplement their incomes. Most of the time, moonlighting poses no conflict with your organization’s work. But an employee’s second job could lower productivity and morale. It could create liability for you.

Beaumont police officer wins $150,000 gender bias award

03/03/2009

Clearly, there is no fury like that of a woman scorned—especially one unfairly passed over for promotion. Officer Tina Lewallen filed a complaint with the Beaumont Police Department after two men were promoted to the narcotics unit ahead of her. When the department failed to investigate the complaint, Lewallen sued …

Will county auditor get to review his own settlement check?

03/03/2009

Back in 2004, Grimes County Auditor Sidney “Buck” LaQuey took a shine to Bridgette Massey, whom he hired to work in his office—even though she had no auditing experience. Eventually, Massey filed an EEOC complaint in 2006, followed by a lawsuit in 2007, alleging sexual harassment and retaliation …

U.S. Supreme Court rules: Prepare for more retaliation claims

03/03/2009

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

Making false sexual harassment complaints

03/03/2009

Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

Rejection letters under scrutiny: 7 do’s & don’ts

02/26/2009
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.

‘Will work for less!’ Be wary of reduced-comp pleas from desperate employees

02/26/2009

In this brutal economy, desperate applicants—and current workers who believe they may be laid off soon—are trying an interesting tactic: They’re volunteering to work for less pay … sometimes much less. A new court ruling shows why you should take those offers seriously.

No job opening? Employee can’t claim bias

02/26/2009

The 4th Circuit Court of Appeals, which covers North Carolina employers, has issued a no-nonsense opinion full of common sense: Employees can’t bring an employment discrimination lawsuit because they didn’t get a job that doesn’t exist or for which applicants aren’t being sought.