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Discrimination / Harassment

If process was fair, don’t second-guess your hiring decision

09/19/2008

Hiring decisions are tough, especially when you add the worry over whether rejected applicants may think you discriminated against them. But as long as you don’t actively conceal critical facts about whom you hired, rejected applicants have to move fast to sue …

Set clear job requirements to stop bias claims

09/19/2008

Employees who claim they were wrongly denied a promotion for some discriminatory reason (for example, based on race, age or some other protected characteristic) have the initial burden of proving they were qualified for the position they sought. The best protection employers have against such claims: clear, concise and accurate minimum job requirements …

Best Buy settles age bias suit claiming it favors younger workers

09/19/2008

Best Buy recently agreed to settle an age discrimination lawsuit with the EEOC that accused the company of failing to hire a 68-year-old applicant because of his age. Under the terms of the agreement, Best Buy will pay $17,500 to Reinhold Schouweiler on whose behalf the EEOC filed suit in 2007 …

Video résumés failing to catch on: Ahead of their time, or too hot to handle?

09/18/2008

Despite much discussion about their pros, cons and legal implications, video résumés aren’t yet catching fire with employers or employees. CareerBuilder recently discontinued its video résumé service. Recruiters have shown little demand for them …

‘That head scarf thing’: Insensitive comments spark legal fire

09/18/2008

You’ve hired people of all races and religions, including a woman who wears a head scarf (hijab). But what do you say when that woman seeks a promotion to a more visible position? A few unwise words coupled with foot-dragging on the promotion and you’ll be wrapping your head around a religious discrimination lawsuit …

The HR I.Q. Test: October ’08

09/18/2008

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Can we give higher pay to employee with degree?

09/18/2008

Q. Is it illegal to pay someone without a degree less than someone with the degree? In our case, two employees have the same title but do slightly different tasks. One has a bachelor’s in HR and the other does not. However, the one without a degree is doing all the HR duties and gets paid less than the one with a degree. The degreed employee doesn’t use her HR skills in her job at all.

Take responsibility for preventing harassment, discrimination

09/18/2008

It isn’t enough to fix discrimination and end harassment when you find out about it. Under California’s Fair Employment and Housing Act (FEHA) your organization has a duty to prevent it …

Can we talk? A guide to political expression in the workplace

09/18/2008

The presidential campaign has everyone talking politics, and inevitably a lot of that talking takes place at work. As the campaign season moves toward the general election, many employers are re-examining their workplace policies concerning political activities and speech. Evidence suggests employers must educate employees concerning workplace political speech …

Train bosses: Religious bias is illegal, too!

09/15/2008
Train managers, executives and, yes, business owners that discrimination on the basis of religion is illegal. They need to understand that making assumptions based on religion—how certain customers would perceive a waitress’s headscarf, for example—is a virtual invitation to be sued. Hire and promote based only on skills and talent …