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Discrimination / Harassment

N.J. Transit Authority police chief stuck in legal traffic jam

07/28/2008
Joseph Bober, police chief for the New Jersey Transit Authority, is at the center of a five-lawsuit pile-up over everything from discrimination to punching an employee in the gut. Lt. Theresa Frizalone filed the first suit—charging sex discrimination—in March 2007 …

Third-Party harassment: The next frontier for New Jersey courts?

07/28/2008
New Jersey courts have long been in the forefront of employment discrimination law. The question is: How far will they go next? One likely path is to expand liability for sexual harassment committed by a nonemployee …

Workers’ comp disability doesn’t mean automatic ADA coverage

07/25/2008
Employees receiving partial workers’ compensation benefits based on job-related injuries might think they are automatically entitled to reasonable accommodations under the ADA, too. But that’s simply not true. In fact, the ADA requires an individualized assessment. Receiving workers’ compensation isn’t enough …

Track discrimination claims to head off post-Firing suits

07/25/2008
Workers who have lost their jobs often look for some ulterior motive to explain their terminations. Here’s what to do if a former employee claiming he was targeted because of a discrimination complaint sues you: Check when the complaint first came to light. Any complaints should have been logged and time-stamped, even if the complaint wasn’t written …

Good reviews, promotions are evidence you didn’t discriminate

07/25/2008

Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.

Solid rules, documentation, enforcement are keys to winning discharge cases

07/25/2008
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits …

Changing hiring criteria in midstream: Legal, if done right

07/24/2008
Sometimes, employers receive a far greater number of qualified applicants for an open position than they expected. If that happens, you can narrow the applicants down by a new set of more specific requirements. Applicants who sue because they met the first set of requirements but not the second probably won’t win a discrimination lawsuit …

Job bias against women who’ve had abortions is illegal

07/24/2008

By now you know that employers can’t fire or otherwise punish employees because they’re pregnant. But what about employees who choose to have an abortion? Make sure your supervisors know it’s illegal to discriminate against them, too.

Decision-Making paper trail: The best kryptonite to lawsuits

07/24/2008
Employers that take the time to create good paper trails seldom lose discrimination lawsuits. Those who can show the rationale behind a decision find that few employees can come up with anything to counter that rationale …

Pittsburgh McDonald’s faces suit alleging rogue manager

07/24/2008
A former McDonald’s employee is suing the Oak Brook, Ill.-based company for permitting sexual harassment at a Pittsburgh restaurant. Vonda Jackson alleges that an assistant store manager touched her inappropriately …