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Discrimination / Harassment

Personal dislike not enough to win discrimination lawsuit

04/01/2008
We’re all different, and personality conflicts are a fact of life. But even if some supervisors and subordinates may not be on the best of terms, minor slights and unfair treatment aren’t enough for a discrimination lawsuit …

Stick to the facts when firing employee who complained of discrimination

04/01/2008
Employers say the darnedest things at the wrong time. Take, for example, a termination meeting. This is not the time to be defensive and anticipate the employee’s discrimination charges. Instead, stick with the hard facts: why the company has decided that termination is necessary …

CHR crude, lewd—But not discriminatory

04/01/2008
Julie Gallagher joined the Cleveland office of logistics company C.H. Robinson Worldwide (CHR) as a sales rep. She quit four months later in disgust over what she described as “a guys’ locker room” atmosphere. Gallagher sued, alleging the environment was hostile toward women, but the court ruled against her …

Advice, please: How should we implement our first severance pay packages?

04/01/2008
Q. Due to economic conditions, we are planning to let go three employees from our 30-person work force. We are planning to provide these employees with four weeks’ pay if they sign a release of all claims. We have never provided severance pay before and have no policies governing the practice. What advice can you give us? …

How to legally verify workers’ ages

04/01/2008
Q. We run an amusement park. We have many jobs that can only be done by people of certain ages. For some jobs, employees must be at least 15, while others have minimum ages of 16, 18 and 21. What is the legal way for us to verify the age of an applicant on an employment application in Ohio? …

Clarify that promotions are based on business need

04/01/2008
Many companies have well-publicized promotion-from-within policies that encourage hard work, additional training and preparation to move up. If that’s the case at your organization, make sure you aren’t promising too much. Controlling employee expectations can lower the risk of litigation …

Carefully justify pay differential between women and men

04/01/2008
The Equal Pay Act (EPA) requires employers to pay the same to male and female employees who perform jobs requiring equal skill, effort and responsibility. The EPA allows employers to adjust pay rates for legitimate business factors “other than sex.” To use experience as the reason for different pay rates, the employer should create a compelling record showing exactly what kind of experience it considered …

Tough new boss? Make sure everyone is treated ‘By the book’

04/01/2008
Sometimes, organizations have to shake up the troops. If productivity had been below par and attitudes poor, a new boss who takes a hard line may be just what the company needs. As long as the new supervisor doesn’t single out employees who are members of a particular protected class, there’s nothing wrong with a heavy dose of “follow the rules” management …

Routinely document poor performance—Just in case

04/01/2008
When a supervisor says a subordinate is not performing well, make sure empirical evidence backs up that opinion. In addition, direct anyone who had to deal with the employee’s poor performance to make notes. If supervisors are called later to testify in court, notes will help them remember the details …

FGCU settles age discrimination case

04/01/2008
Florida Gulf Coast University may pay as much as $650,000 to settle an age and gender discrimination lawsuit with Johnny McGaha, former dean of the college of professional studies. When he was demoted to a professorship in 2005, McGaha, 64, said the move was retaliation …