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Discrimination / Harassment

Denied training opportunity isn’t necessarily discrimination

03/01/2008
It’s not discrimination for an employer to offer training to some employees but not others—if the training doesn’t lead to greater pay, advancement opportunities or other tangible benefits. Simply put, employers don’t have to worry about discrimination lawsuits if their decisions are based on solid business reasons …

Non-Minorities can’t sue on basis of minority discrimination

03/01/2008

Good—and somewhat obvious—news: Job applicants who are not members of a protected class can’t sue for discrimination on the basis that an employer’s hiring practices discriminate against minorities …

Conduct age audit to show you don’t favor young workers

03/01/2008
In tight economic times, you may have to trim staff to save money. Undoubtedly, some of those RIF victims will be older. But that doesn’t necessarily mean that you will be on the losing end of an age discrimination lawsuit. To check where you stand, do a quick age audit …

Counter retaliation claims by tracking PHRC and EEOC filings, internal complaints

03/01/2008
One of the easiest ways for employees to win discrimination cases is to allege that their employers punished them for complaining about alleged discrimination. Often, employees win those retaliation cases even while losing the underlying discrimination complaint. But employers can defeat retaliation charges by showing that the employee never complained in the first place …

Employees can’t sue under state’s ERA if other laws cover employer

03/01/2008
Employers covered by the Pennsylvania Human Relations Act don’t have to worry about being sued separately under the Pennsylvania Constitution’s Equal Rights Amendment …

Wal-Mart faces suit over workplace romance

03/01/2008
A former department manager at the Wal-Mart Distribution Center in Woodland, Clearfield County, is suing the company for gender discrimination after she was fired for having a relationship with an employee …

Philly PD officer reinstated

03/01/2008
Philadelphia Police Department Chief Inspector Evelyn Heath, who was fired for allegedly harassing a fellow officer after their love affair ended, was reinstated with back pay after an arbitrator dismissed misconduct charges against her …

What questions are off limits when talking to references and past employers?

03/01/2008
 Q. I understand that it’s illegal to ask applicants certain personal questions. But are there any questions I can’t ask a reference or previous employer? …

How many employees make a ‘Group’ for OWBPA purposes?

03/01/2008
Q. I recently read that the Older Workers Benefit Protection Act (OWBPA) requires that we provide an employee who has been discharged as part of a “group” termination at least 45 days to consider the terms of a release waiving his or her rights under the Age Discrimination in Employment Act. How many employees constitute a group? …

Setting skill and experience minimums can stop lawsuits

03/01/2008
When it comes to hiring and promotion, one of the best things you can do to protect your organization from lawsuits is to clearly explain the qualifications and experience needed before you schedule an interview with a candidate …