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Discrimination / Harassment

Retaliation: The legal risk of ‘getting back’ at employees

04/01/2008
Most managers know that it’s against the law to discriminate against employees and applicants because of their race, gender, age, religion or disability. But you may not know that those same federal laws also make it illegal for employers and supervisors to retaliate in any way against employees who voice complaints about on-the-job discrimination.

Check for not so obvious patterns of race discrimination

04/01/2008
Lots of employees try to blame lost jobs or promotions on discrimination. To do so, they assign themselves into protected classes that may not seem at all obvious. For example, a black employee who obviously hasn’t been discriminated against because he is black may add national origin to the mix …

Automate application system to end failure-to-promote claims

04/01/2008

If you want to avoid needless failure-to-promote claims, create an automatic application process, and make sure managers and all employees understand how the new system works. If everyone knows there is one specific way to apply—indeed, the only way to apply—employees can’t make discrimination claims …

Track declining productivity to justify staffing, pay and promotion decisions

04/01/2008
Part-time employees are often the first to get pink slips in an economic downturn. But watch out if your part-timers are disproportionately parents who have child care responsibilities. Don’t be surprised if those employees respond to a layoff by contacting an attorney …

Foul-mouthed manager leads to lawsuit against auto dealer

04/01/2008
The EEOC has filed a sexual harassment, race discrimination and retaliation lawsuit against Murphy Ford Lincoln-Mercury in Chester. The lawsuit alleges the dealership ignored complaints about a manager who sexually harassed three female employees …

Vanguard Group settles race discrimination suit

04/01/2008
Malvern-based Vanguard Group has agreed to pay $500,000 to settle an EEOC race discrimination case with Raymond Ross, a former information systems manager. In 2003, Ross filed two EEOC complaints. Vanguard fired him one day after the company received news of his second complaint …

Fernwood Resort files will be public in sex assault case

04/01/2008
Fernwood Hotel & Resort, located in the Pocono Mountains, tried to bar the details of a supervisor’s alleged assault on a saleswoman from her sexual harassment suit, but the courts ruled the allegations are key to the woman’s case and will remain in her complaint … 

How International Conflict Breeds Domestic Employment Laws

03/18/2008
The employment law legislative cycle has played out repeatedly for more than 40 years: Congress acts to protect service members’ rights when they are risking their lives in the field. Often those rights end up spreading to all other workers as well. The result: the Civil Rights Act, the ADA, the FMLA and USERRA.

Section 1981 Claims

03/16/2008

HR Law 101: Section 1981, a little-known section of the Civil Rights Act of 1866, prohibits racial discrimination in the making and enforcement of contracts. Now, employees are increasingly using Section 1981 instead of Title VII to sue for discrimination because there’s no cap on damage awards …

HR legislation in Congress: What’s hot, what’s not?

03/11/2008
Being an election year, it will be harder for Congress to ram through any major legislation. But some important labor and employment bills are still being hotly debated this year. Here are nine of the key bills and their chances for passage, according to a policy update given at yesterday’s SHRM conference.