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Discrimination / Harassment

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 …

Is that harassment—Or just a personality clash?

06/10/2008
When an employee complains about alleged discrimination or harassment by a supervisor, take a careful look at what each person says is happening. As the following case shows, sometimes just a poor working relationship—not discrimination—is the source of the problem …

When worker complains, find out if she’s a ‘Serial sue-er’

06/10/2008
Sometimes, you can tell how seriously to take an EEOC or other discrimination complaint by checking to see if the employee (or applicant) has filed other discrimination lawsuits in the past. If the complaint turns into a court case, an employee’s pattern of frivolous litigation may become powerful evidence a judge or jury will want to consider …

Sometimes settling a claim is the smartest thing to do

06/10/2008
Have you considered settling a claim instead of fighting it tooth and nail? Sometimes, that’s the smartest course of action—even if you believe your company didn’t do anything wrong. If you do decide to settle, make sure you ask your attorney to ensure that the terms and conditions are airtight …

DOCC not responsible for employees’ racist remarks

06/10/2008
A court has ruled that the Hennepin County Department of Community Corrections (DOCC) did more than enough to address two employees’ complaints about civil rights violations …

Track discipline by offense, worker traits to reduce bias risk

06/09/2008
Employees who believe management has unjustly targeted them for poor treatment often blame it on bias against whatever protected class they may belong to. That’s why it’s so important for employers to proactively ensure that they enforce all rules equitably and fairly—so no employee can claim she was singled out for harsh punishment …

Court warns against bending the rules when hiring

06/09/2008
Don’t give in if managers ask HR to change the hiring criteria because they think they have already found the perfect candidate—who just happens to lack one of the job requirements. Courts often view such ad hoc changes as serious flaws in the hiring process …

Tell managers and supervisors: Absolutely no comments on pregnancy, parenthood allowed

06/09/2008
Nothing builds a circumstantial sex discrimination case like needless pregnancy and parenthood comments. Explain to all managers and supervisors that their subordinates’ childbearing plans are absolutely none of their business …

Use performance evaluations to pinpoint problems—And follow up

06/09/2008
There’s no point in completing performance evaluations and suggesting areas in which employees could improve if no one follows up. The best approach is to schedule an interim review for an employee who needs improvement. Then tell him what he needs to do before the next review …