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Discrimination / Harassment

Workers who pursue internal discrimination grievances have extra time to sue

11/25/2008

The California Fair Employment and Housing Act requires employees to file complaints with the appropriate state agency within one year of an alleged discriminatory act. But what happens if the employee delays going to the agency and instead tries to resolve the complaint using the employer’s own internal process?

$33 million Smith Barney sex-bias settlement approved

11/25/2008

A federal district court judge recently approved a $33 million settlement reached between Citigroup and female financial advisors in its Smith Barney unit.

How can we make the season bright—without exposing ourselves to legal liability?

11/25/2008

Q. Our employees have proposed that the company sponsor a holiday party at a local restaurant. Although we want our employees to have a good time, aren’t we exposing ourselves to potential liability?

What should we do? An employee says one of our clients harassed her

11/25/2008

Q. An employee recently complained that one of our clients sexually harassed her. May we be held liable for the client’s action?

Don’t fear conflicting reviews show discrimination

11/25/2008

Sometimes, employees work with several supervisors, all of whom provide input on that employee’s performance. But courts generally won’t view differing evaluations by more than one supervisor as evidence of discrimination

Tell bosses: Absolutely no comments on ethnicity

11/25/2008

Here’s another good reason to tell all managers you’ll tolerate absolutely no ethnic, religious or racial comments: Just one or two comments followed by an adverse employment action may be enough to establish a hostile work environment. And those later acts can extend the time the employee has to file his claim.

Say no to accommodations if ‘disability’ barely scratches the surface of credibility

11/25/2008

Employees have the strangest ideas about what constitutes a disability and whether they are entitled to a reasonable accommodation. For example, many people have minor phobias—let’s say a fear of spiders. That doesn’t mean employers have to provide a spider-free workplace.

Pay attention to timing when asking applicants to sign arbitration agreements

11/25/2008

Requiring employees to arbitrate most employment disputes can save your organization time and money—if you can get the agreement to stick.

Is there a legal reason to have employee photos in your files?

11/25/2008

Sometimes, it seems employees and their lawyers can take even the most benign evidence and find a way to twist it into a discrimination case — even something as innocent as including photographs of applicants and employees in personnel files.

‘Sweeping’ changes in store for HR & employers

11/21/2008

Change. America voted for it, and the HR world will certainly receive its fair share next year. The arrival in Washington of President-elect Obama and a firmly Democratic-controlled Congress will spark an array of legislative and regulatory proposals that could rewrite the employment law rule book.