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Discrimination / Harassment

Investigate, follow up on all harassment cases

10/08/2008

Employees who complain about sexual or other kinds of harassment shouldn’t be left to wonder whether their complaints are being investigated. Employers should apply sound investigation procedures and then follow up with the employee who came forward to let her know the result. That’s true even if the company isn’t going to take any action …

No kid gloves needed: Discipline OK after employee complains

10/08/2008

Employees who complain about harassment or discrimination often mistakenly believe they are automatically protected from discipline. They’ve heard employers can’t “retaliate” against them for complaining. That’s true to a point. But that doesn’t mean that those employees get automatic immunity from any pre-existing workplace performance or behavior problems …

Be ready to explain if HR files include photos

10/08/2008

Sometimes, it seems employees and their lawyers can take even the most innocent event or evidence and find a way to twist it into a discrimination case. That’s why it’s important for employers to have solid reasons for all decisions. You never know when someone is going to second-guess you …

Retaliation can happen even in flimsy harassment case

10/08/2008

Employees don’t have to win their sexual harassment claims to prove retaliation. They merely have to show they were concerned that they might have experienced harassment …

New state genetic discrimination law exceeds federal measure

10/08/2008

Gov. Rod Blagojevich recently signed an update to the state’s decade-old genetic nondiscrimination law, which prohibits employers from using genetic information against employees. In some situations, the state law exceeds the protections granted under the federal Genetic Information Nondiscrimination Act (GINA) enacted this spring …

Don’t fall into post-complaint retaliation trap

10/07/2008

Employees who file discrimination complaints are protected from retaliation. That doesn’t mean they’re immune from being punished if they break rules. Employers can and should take appropriate disciplinary action against them. The key is a careful and deliberate approach, devoid of emotion …

Muslim workers at JBS Swift walk out over prayer breaks

10/07/2008

More than 200 Muslim workers walked out of the Greeley plant of meat processor JBS Swift & Co. in September to protest the company’s refusal to allow prayer breaks at sunset, a required ritual during the Muslim holy month of Ramadan. More than 100 were fired for walking off the job and not returning …

Track discipline to avoid retaliation against worker who charged discrimination

10/07/2008

It sometimes feels ominous when an employee accuses the company or a supervisor of discrimination and takes a complaint to the EEOC or some other agency. But those cases often reach settlement before they get out of hand. Then everyone has to get along, especially if the settlement includes reinstating the employee. HR should take the lead in making sure a potentially awkward situation works smoothly.

Federal court: Government employees can’t go it alone when making due process claims

10/07/2008

Government employees who want to sue because they believe their right to due process has been denied must prove they belong to an identifiable class, such as one based on race or sex. The 10th Circuit Court of Appeals has ruled they cannot simply claim they were singled out by their government employer for poor treatment …

Use blind process to decide who loses during RIF

10/07/2008

No one likes a layoff, especially the affected employees—who may look for a reason to sue. Smart employers can stop many baseless lawsuits by using objective, neutral criteria to select which workers will lose their jobs. That’s what happened in the following case …