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Discrimination / Harassment

Take action to prevent customers from harassing employees

09/09/2008
Employees are entitled to work in a harassment-free environment—and that includes more than freedom from harassment by supervisors and co-workers. Employers also have to take reasonable steps to protect workers from harassment by customers, clients and others over which the employer has some control …

Don’t let lawsuit fear make you second-Guess good decisions

09/09/2008
Courts aren’t in the business of second-guessing all your employment decisions, as long as those decisions seem reasonable and rational. If you keep good records, can easily explain your decision-making processes and don’t have any discrimination to hide, you’ll win most lawsuits …

You can’t ignore—or excuse—Offensive cultural symbols

09/09/2008
There’s no excuse for ignorance when it comes to racially hostile symbols and speech in the workplace. Employers that ignore harassing co-workers—hiding their heads in the sand or relying solely on handbooks that tell employees how to complain—may be setting themselves up for a losing lawsuit …

Focus on facts when promoting; avoid subjective ‘Better qualified’ justification

09/09/2008
Internal promotions are tricky. Supervisors usually try to choose between two or three known candidates—subordinates with whom they have worked with day in and day out. It’s tempting, then, to choose the employee who seems the most cooperative and the best team player. Resist that temptation …

Restaurant makes good after religious discrimination slip-up

09/09/2008
Maryam Abdi, a 16-year-old who was denied a job at an Old Country Buffet restaurant because of her Islamic headscarf, has been hired for the position she sought. Abdi applied for a part-time cashier position at the company’s Fridley restaurant in July. The manager who interviewed her reportedly asked whether she would be willing to remove her headscarf to comply with the restaurant’s uniform policy …

Taymark employees claim layoffs were discriminatory

09/09/2008
Four former employees of Taymark Inc., a subsidiary of Taylor Corp. of North Mankato, have filed lawsuits claiming they were laid off in June 2007 for unlawful reasons. They claim Taymark selected them for termination based on their gender, age and salary levels, retaining younger, less experienced workers in their stead …

Issues to consider before monitoring e-mail

09/09/2008

Q. If we suspect an employee is violating a company policy prohibiting harassment, can we monitor the employee’s e-mails? …

Use transparent promotion process to prevent lawsuits

09/08/2008
When it comes to promotions, the clearer and more transparent the selection process, the better. Employees who know exactly what it takes to be promoted—and who know how to put their hats in the ring—are less likely to suspect some form of discrimination when they aren’t selected. It’s especially important to avoid a process that’s too informal …

Investigate before disciplining harassment victim

09/08/2008

Sometimes, an HR internal investigation reveals that, although harassment occurred, it didn’t rise to the level of illegal harassment. Don’t let that finding lull you into ignoring the complaint—and certainly don’t allow anyone to punish the person who complained …

Check pay rates for employees who regularly swap work

09/08/2008
Employees who allege EPA violations must show that they receive lower pay than a comparable employee of the opposite sex. That comparable employee must perform substantially equal work in the same establishment as the employee charging discrimination. Under those terms, employees who switch workloads as needed and share supervision are probably comparable employees …