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Discrimination / Harassment

Citigroup to pay $33 million in gender-Bias settlement

04/18/2008
Citigroup will pay $33 million to settle a class-action lawsuit filed by three female brokers who worked in the Santa Barbara office of Smith Barney, a Citigroup unit. As many as 2,500 former and current Smith Barney female brokers may end up sharing in the settlement pot …

Individuals cannot be held liable for retaliation claims

04/18/2008
The California Supreme Court held in 1998 that individual supervisors and managers are not personally liable for discrimination under the California Fair Employment and Housing Act. Now the court has also ruled that individual supervisors and managers may not be held financially responsible for retaliation claims …

Progressive discipline among best ways to beat bias claims

04/14/2008
There’s no law that says employers must use a progressive discipline system—but that’s no reason not to. In fact, using progressive discipline is one of the best ways to fight frivolous discrimination claims …

Justify decisions to thwart retaliation bait & switch

04/14/2008
One of the most popular litigation tactics these days starts with an employee filing a discrimination complaint. Then the employee—and her attorneys—sit back and wait to see what happens. If the employer somehow punishes the employee, the attorneys add a second count to the lawsuit: retaliation …

Pressure to ‘Balance’ staff may show reverse discrimination

04/14/2008
Are you under pressure to make your work force better reflect the racial or ethnic composition of the surrounding community? If so, be aware that manipulating hiring or promotions to achieve that goal at the expense of any particular race may mean a reverse discrimination lawsuit …

Punish offenders to set example that prevents harassment

04/14/2008
When you learn that a supervisor has sexually harassed and punished—or threatened to punish—a subordinate to gain cooperation or for rejecting an advance, send a strong message to all managers and supervisors. Promptly fire the harasser or demote him—or her—out of a supervisory position. Then reinstate the harassed employee …

Are you ready to explain each and every promotion decision?

04/14/2008
Lawsuits sometimes seem to come out of nowhere. While you can reduce your risk through prevention, you can’t eliminate it entirely. That’s why you need a backup strategy. For failure-to-promote lawsuits, that strategy should involve being ready to explain each and every promotion decision with solid business reasons …

HSN hit with discrimination suit

04/14/2008
A former employee of St. Petersburg-based Home Shopping Network (HSN) has filed suit against the company, alleging race discrimination. Armanda Vernon claims HSN passed her over repeatedly for promotions because she is black …

Get ahead of the curve by offering anti-Gay bias training

04/14/2008
Even though Florida’s Civil Rights Act does not outlaw sexual orientation bias, employers must still comply with local ordinances that do. And employers also should prepare to comply with potential changes in federal laws. Incorporating anti-gay bias training into your regular anti-discrimination training carries a number of benefits …

Feel free to expand candidate search even if your policy favors hiring from within

04/10/2008
If, like many companies, you have a policy that encourages promotion from within, you may hesitate to look outside for additional candidates. Fear of a lawsuit might make you especially reluctant if one of the few internal candidates belongs to a protected class. As the following case shows, those fears are unfounded …