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Discrimination / Harassment

Good news: You can rely on EEOC mailing date—Plus 3 days—For time limit

07/08/2008
When the threat of a lawsuit looms, it’s good to know when the threat has finally passed. So when you find out that the EEOC has dismissed a case as unwarranted by sending the employee his 90-day, right-to-sue letter, you do what the regulations seem to imply you can safely do …

Make sure two representatives are present during termination meetings

07/08/2008
Nothing spurs a lawsuit like a discharge, and such cases often boil down to who said what, and when. That’s why it’s wise to have at least two management-level representatives present at all termination meetings—perhaps one supervisor and one HR rep. If the termination leads to litigation, the two people can testify about what happened …

Employee should have given firm a chance to stop harassment

07/08/2008
Preston Kelley began working for Taher Acquisition Corp. in October 2006. Approximately three months later, Kelley’s supervisor, Mark Good, kicked him in the buttocks, laughed and blew kisses at him. Kelley reported the incident to the company’s operations manager …

Employees don’t get to set work standards—You do!

07/07/2008
It’s far too easy to lose control over your workforce. All you have to do is let employees dictate how supervisors measure their performance. Don’t let it happen to your organization. Instead, let employees know how you will judge how well they’re performing and then stick with those measures …

Feel free to set punishment that fits the crime

07/07/2008
Employers can and should decide each employee discipline case on its own merits. Just make sure someone in HR or a supervisor keeps close tabs on all discipline and documents the decision. Notes should include specifics: the rule broken, its effect and its relative seriousness …

Legal clock starts when you tell worker she’s losing job

07/07/2008
If you plan to terminate employees who work for you under contract, plan to document exactly when you tell them their contracts won’t be renewed. Here’s why: Employees have only a short time to file discrimination claims. If they miss the deadline, they lose the right to sue …

Tell supervisors: No retaliation against employees who settled discrimination claims

07/07/2008
Have you recently settled a discrimination case? If the settlement included the employee keeping his or her job, remind all supervisors that they cannot retaliate in any way—or allow co-workers to get back at the employee …

Supreme Court allows retaliation suits under Civil War-Era law

07/07/2008

On May 27, 2008, the U.S. Supreme Court further expanded the ability of employees to sue for retaliation—an area of employment law that has exploded in recent years. Specifically, the court held that a federal statute enacted shortly after the Civil War, granting all citizens the right to enter into and enforce contracts (commonly referred to as Section 1981), can be used to bring a claim of employment-related retaliation …

Quick discrimination check: Tally pay by protected status

07/07/2008
If you do a quick assessment of whether your organization may be inadvertently discriminating in pay and there seem to be big differences between the groups, it’s probably time to seriously consider doing a full analysis of your pay structure …
 

Warn supervisors: Over-the-Top, irrational behavior may mean personal liability

07/07/2008
Do you have a problem supervisor or manager who acts like a Marine Corps drill sergeant? While it may not be technically illegal to berate and yell at subordinates, abusive bosses sometimes cross a dangerous legal line—the one that marks the boundary of behavior that constitutes intentional infliction of emotional distress …