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Discrimination / Harassment

Keep details of discrimination settlements confidential

08/05/2008
Is your HR office involved in settling discrimination complaints? If so, consider including confidentiality clauses as part of any settlement if the employee is going to stay onboard. Then shield the employee’s supervisors from any details of the settlement. Here’s why: Any subsequent discipline—especially if it comes close on the heels of the settlement—may be grounds for a retaliation lawsuit …

Remind managers: Justify deviations from disciplinary rules

08/05/2008
Handbooks and disciplinary rules help managers mete out consistent and fair discipline. But no handbook or set of rules can cover every possible disciplinary problem, and supervisors need some discretion when deciding what punishment fits the crime. The problem is that any deviation from the rules may be seen as discrimination if an employee who belongs to a protected class perceives that he has been punished more harshly than a co-worker who broke the same rule …

Worker settled case? Beware providing bad references that could lead to retaliation claims

08/05/2008
Here’s another reason to avoid providing too much information when prospective employers call for a reference on one of your former employees. Providing a negative reference for an employee who filed a previous EEOC complaint that your organization settled may lead to a retaliation lawsuit …

Archdiocese shifts policy after $5.5 million settlement

08/05/2008
The Catholic Archdiocese of Denver has agreed to pay $5.5 million to settle a recent round of lawsuits claiming child sexual abuse by priests. The agreements cover 16 lawsuits and two complaints against three archdiocese priests, all of whom have since died …

Is ‘at-will’ employment at risk in Colorado? Voters will decide

08/05/2008
Colorado (like nearly every other state) historically has been an “at-will” employment state. That means employers are free to fire an employee, and an employee is free to quit, at any time, with or without cause, and with or without notice. But this fall, that could all change. Ballot Initiative 76 would amend the state constitution to eliminate at-will employment …

Colorado vs. federal law on discrimination

08/05/2008
Q. Our small Colorado business is growing, and soon we will have 15 employees on the payroll. How does that affect our exposure under employment laws? …

Take harassment seriously, even if complaint comes late

08/04/2008
Don’t dismiss a sexual harassment complaint just because an employee waits to come forward. A recent 5th Circuit Court of Appeals case shows that employees can prove they really did feel harassed even if they waited a long time before complaining …

Prepare hiring managers to explain interview assessments

08/04/2008
Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants …

Come down hard on supervisors: No telling employees to drop discrimination complaints

08/04/2008
Want to know the easiest way to turn an almost-sure win in court into an almost-certain loss? Allow supervisors to tell employees they should drop an EEOC or other discrimination claim. The simple act of suggesting that a lawsuit isn’t in the employee’s best interest may amount to retaliation if the suggestions would dissuade a reasonable employee from complaining in the first place.

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …