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  • HR Specialist: Employment Law
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Discrimination / Harassment

How should we handle layoffs without risking discrimination claims?

02/12/2009

Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?

What should we do? Returning employee wants full-time work, we want part time

02/12/2009

Q. When an employee requested a reduced schedule as an accommodation of his medical condition, we agreed. He has now told us that he is able to work full time. However, because of business conditions, we’d prefer to keep him at a reduced schedule. Do we have to reinstate him to his full-time job?

Check all records before answering EEOC charges

02/12/2009

Inconsistent stories and explanations look like lies to the everyday people who sit on juries. That’s one reason it’s crucial to double-check all your records and get the facts straight before you respond to EEOC, state or local anti-discrimination agency charges.

Remind supervisors to immediately report offensive graffiti, and then remove it

02/12/2009

Graffiti usually appears where the author is least likely to be caught creating it. Popular workplace spots are lavatories and work site portable toilets. And offensive graffiti can create an almost instantly hostile work environment. That’s why HR should remind supervisors to immediately report any graffiti—no matter where they find it.

Feel free to set different pay rates, but prepare to document business reasons why

02/12/2009

Pay discrimination has received lots of attention lately, especially since the Lilly Ledbetter Fair Pay Act became law in January. Employees now have longer to sue over pay disparity.

Long-past lost training can’t make a lawsuit—for now

02/12/2009

Employees who long ago were denied training opportunities because of their race can’t wait decades to sue their employers for later lost promotion opportunities, the 7th Circuit Court of Appeals had ruled.

Harassing dentist strikes nerve among employees

02/12/2009

A Chicago dentist has agreed to pay $462,500 to settle a harassment and retaliation complaint filed by 18 employees. The complaint alleges employees were subjected to sexual harassment and required to join the Church of Scientology as a condition of employment.

Springfield cop’s reverse discrimination claim fails

02/12/2009

A white Springfield police officer failed to convince the 7th Circuit Court of Appeals that Springfield’s system for promoting officers discriminated against him.

7th Circuit won’t quash EEOC subpoena in settled case

02/12/2009

The Chicago-based 7th Circuit Court of Appeals has ruled that the EEOC can enforce a subpoena in a case where the complainant has withdrawn the complaint as part of a settlement.

How to turn the tables on lawsuit-happy employees

02/12/2009

There’s a silver lining to the rising number of employment lawsuits: Courts are losing patience with applicants, employees and former employees who file discrimination lawsuits that have no basis in reality. Recently, the 6th Circuit Court of Appeals approved sanctions against such employees and their attorneys.