• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Carefully craft bona fide occupational qualification limits

09/10/2008
Some jobs can be handled only by someone of a particular gender. For example, a dress model necessarily has to be female. Under the sex discrimination provisions of Title VII, employers may limit those jobs to members of one sex and refuse to hire members of the opposite sex under the so-called bona fide occupational qualification (BFOQ) exception. But the BFOQ is strictly limited …

Use seniority to assign tasks and take bias off the table

09/10/2008
Employees who sue for race and many other forms of discrimination must prove they were treated differently than a similarly situated co-worker who doesn’t belong to the same protected class. But when employers adopt and follow a seniority system to assign tasks, employees who try to claim discrimination have a tough time finding someone similarly situated to compare …

Title VII doesn’t protect employees who complain about discrimination against customers

09/10/2008
Employees who complain about co-worker or management discrimination against employees are protected from retaliation under Title VII of the Civil Rights Act. But what about employees who complain to management that their co-workers may be discriminating against customers? Are they protected from retaliation, too? Not in Illinois …

Be patient and keep thorough records to make sure your firing decisions stick

09/10/2008
When it comes to discharging an employee, the best policy may be to bide your time and carefully document her deficiencies. Unless there is a compelling reason to act immediately, be patient and build your case with solid, verifiable criticism …

Muslim corrections officer keeps beard, gets fired, sues

09/10/2008
Abal Zaidi, a former corrections officer in Geneva, has sued the Kane County Sheriff’s Department, claiming he was fired for refusing to shave his beard …

HR Must Referee Employees’ McCain-Obama Debates: Know the Law

09/09/2008
John McCain and Barack Obama aren’t the only people embroiled in political debates this fall. So are some of your employees. And their water-cooler conversations may turn especially heated in the next few weeks. How HR handles political speech may spell the difference between workplace civility and civil war.

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 …