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Discrimination / Harassment

Never, never on a Sunday

07/24/2008

Timothy Walker was hired in 1995 at the Lafayette, Ind., plant of Alcoa Inc., based in Pittsburgh. Walker also served as a pastor at an area church. In May 1998, when he was appointed head pastor, Walker asked to be excused from work on Sundays …

Workplace bullying by managers: Unpleasant, but is it illegal?

07/24/2008
According a recent Zogby International survey, 37% of U.S. workers report that they’ve been bullied at work. Not surprisingly, they say, the overwhelming majority (72%) of bullies are bosses. Workplace bullying is harassment that’s not necessarily based on an employee’s protected characteristic, such as gender or race. But, unlike harassment based on a protected class, bullying may not be illegal …

Pregnancy discrimination law covers women who’ve had abortions

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.

Time for a snap inspection: Make sure bulletin boards don’t show signs of bias

07/22/2008
If you want to make sure all managers and supervisors are playing by the nondiscrimination and no harassment rules, get out of the office and onto the shop floor. Someone from HR must visit each and every work location regularly—but unannounced …

Lilly settles retaliation suit

07/22/2008
Indianapolis-based Eli Lilly and Co. has agreed to pay $64,400 to a former employee who claimed the company withheld severance pay to pressure her to withdraw a discrimination complaint …

Alcoa must defend its religious accommodation policies

07/22/2008
Timothy Walker began working at Alcoa’s Lafayette plant in 1995. He was also a pastor at his church. In May 1998, Walker was appointed head pastor, and he asked Alcoa if he could be excused from working Sunday shifts at the plant …

Can we legally ban all employee smoking at work?

07/22/2008
Q. We don’t allow smoking during the workday, even during lunch breaks. An employee complained to HR that this is discriminatory and mentioned that she may seek legal action. Is our company policy illegal? …

Tell managers: Don’t retaliate against those who complain

07/21/2008
One of the easiest ways to land the company in legal hot water is for a manager to punish someone who complains that she’s being discriminated against. It may turn out—and it often does—that no discrimination took place. Yet even in those cases, some supervisors can’t resist punishing the messenger, thereby turning a minor matter into a major retaliation case …

Hold onto those notes! Even accidental destruction can mean trouble

07/21/2008
You know it’s crucial to document all disciplinary actions. No doubt, you’ve told managers and supervisors to keep all notes, memos and other paperwork. Those records could be invaluable later if you ever need to show that all your disciplinary decisions were based on good business judgment, performance and other legitimate and relevant reasons …

Good news: Bullying and verbal abuse probably are not emotional distress

07/21/2008
Sometimes a rogue supervisor comes along who bullies or verbally abuses a subordinate. While such conduct may sometimes violate Title VII and other federal laws, it seldom results in additional awards for emotional distress under Georgia law. And that’s good news because losing an emotional distress case can be expensive.