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Discrimination / Harassment

Retain supervisors’ notes, just in case discrimination rears head years later

06/12/2008
Managers often don’t realize how important it is to keep notes and other records for a long time, even after an employee has quit. Remind them that employees have up to three years to sue under the Elliott-Larsen Civil Rights Act (ELCRA) …

Warn managers and supervisors: You may be personally liable for discrimination!

06/12/2008
Now is a good time to remind management that the Elliott-Larsen Civil Rights Act (ELCRA) holds managers and supervisors personally liable for any violations. That means their personal assets are on the line if an employee wins a discrimination lawsuit …

House passes off-Duty activities bill

06/12/2008
In a vote split along party lines, the Michigan House of Representatives passed legislation that would prohibit employers from firing or refusing to hire workers because they engage in legal off-duty activities such as smoking …

Take steps to reduce your liability for co-Worker retaliation

06/12/2008
The United States 6th Circuit Court of Appeals has joined a growing number of federal courts holding that employers are liable for co-worker retaliation. The decision, in Hawkins, et al., v. Anheuser-Busch, increases employers’ liability when an employee retaliates after another worker has complained about improper conduct …

Does the Pregnancy Discrimination Act grant additional maternity leave?

06/12/2008
Q. We granted an employee maternity leave following the birth of her child—12 weeks of leave in accordance with the FMLA. Other than the FMLA, our company has no past practice or policy of granting leave (paid or unpaid) to employees except for their own medical conditions. Our employee claims that we will be discriminating against her because of her pregnancy and status as a new mother if we do not grant her additional leave time. I am aware of the Pregnancy Discrimination Act. Does it require us to grant our employee additional leave to care for her newborn? …

Audit wages and salaries to identify hidden sex bias

06/11/2008
It doesn’t take much for a sex discrimination complaint to turn into a trial. Sometimes all it takes to start a Title VII sex discrimination and Equal Pay Act lawsuit is hiring a woman to fill a position that had been previously held by men who made more money …

Seek legal assistance when negotiating contract terms with union

06/11/2008
It may be tempting for HR professionals to try to negotiate and draft key aspects of union collective-bargaining agreements. But there are good reasons to leave collective bargaining to labor relations and legal experts …

Don’t go anywhere near a Dumpster in Peoria!

06/11/2008
Andrew Smith worked in Peoria as a garbage truck driver for Waste Management of Illinois. On March 4, 2003, he backed out of a driveway and hit another vehicle. On March 21, he hit a gas meter while moving a waste container. On April 7, the hook on his truck snared the hood of another vehicle. On July 7, he snagged an overhead wire while lifting a container over the cab of his truck …

Did serial harasser fare better than the victim at DHS?

06/11/2008
Jacqueline Smith worked as a server in the Illinois Department of Human Services (DHS) John J. Madden Mental Health Center from 2000 to 2004. In September 2003, a co-worker, Eddie Spivey, allegedly called Smith a sexually explicit name while their supervisor, Bella Ynares, was present …

Little things can add up to discrimination and harassment

06/10/2008
Do your managers and supervisors understand that ostracizing an employee can backfire? Do they make diligent efforts to train everyone equally and include everyone in work-related social events? If not, it’s time to remind them …