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Discrimination / Harassment

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 …

Cyclone settles same-sex drilling rig harassment case

10/07/2008

Cyclone Drilling Company of Gillette has agreed to pay $45,000 to Mark Lujan for sexual harassment he said he endured while working at a drilling rig on the Western Slope. The EEOC filed the lawsuit, claiming Lujan’s supervisor, Jim Stout, subjected him to inappropriate sexual remarks …

What, if anything, should I do about off-work employee harassment?

10/07/2008

Q. An employee complained that co-workers made fun of her at an after-work bowling event. She says they made fun of her accent (she is an immigrant) and talked about sexual acts involving her. She is embarrassed now and does not want to work with the people involved. Do I need to look into this, or should I refuse because the incidents took place away from work? …

Document when you first told worker of termination

10/06/2008

Employees who have been terminated don’t have long to file a complaint about alleged discrimination. Employers that suspect they might be sued can capitalize on the short statute of limitations by starting the clock as soon as possible. Here’s how …

Policy not enough: Stamp out co-worker harassment or prepare for court

10/06/2008

It takes more than having a written policy to avoid liability for sexual harassment. If you back up your policy with regular training and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action …

Need a good reason to settle? How about saving huge attorneys’ fees?

10/06/2008

Employers who end up losing discrimination lawsuits don’t just pay their own legal fees—they often pay the winning side’s fees, too. Always consider the ultimate cost before rejecting a settlement offer, or before pushing your own attorneys to appeal a case.