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Discrimination / Harassment

You can require ‘Cultural authenticity’ in some circumstances

02/01/2008

Some retail and service establishments strive to create an authentic experience for their customers. That may mean they seek out employees who can best create that experience. That “cultural authenticity” may be a bona fide occupational qualification, and rejecting applicants who don’t fit the mold may be legal. But don’t go overboard and eliminate everyone who doesn’t look or act authentic …

Parks manager pleads guilty to downloading child porn

02/01/2008

Hillsborough County Parks Manager Thomas Goins is in jail after pleading guilty to downloading child pornography. A co-worker who found disturbing images on Goins’ work laptop alerted authorities …

Jacksonville pastor faces sexual misconduct charges—Again

02/01/2008

Darrell Gilyard, head of 700-member Shiloh Metropolitan Baptist Church, is in hot water for a second time over charges of sexual misconduct with members of his flock …

EEOC record race-Bias case sends ‘Powerful message’

02/01/2008

Lockheed Martin agreed last month to pay $2.5 million to settle a race discrimination suit brought by a black employee who was subjected to racist graffiti and oral harassment, including use of the “n” word and threats of lynching. The settlement is the largest award ever obtained by the EEOC for a single person in a race-bias case …

Tennis coach’s firing serves up lesson in employee discipline

02/01/2008

Progressive discipline is a system in which penalties increase upon repeat occurrences. But don’t pick and choose which employees you run through progressive discipline. It’s critical to apply those procedures to all employees or none, as this new case shows …

Do we have to pay for ‘Promised’ hours?

02/01/2008

Q. We have a part-time, hourly employee who usually works three days per week for 12 hours. If we don’t have enough work to fill the time, can we send her home without paying her for the unworked hours that week? — J.T., South Carolina …

When English-Speaking staff resent Spanish chatter

02/01/2008

Q. We have a collegial atmosphere in our small factory. But several of our production line workers who don’t speak Spanish are complaining that bilingual employees chat among themselves in Spanish, leaving the others out of the loop. Everyone speaks English when talking about work, so it’s not a safety issue. Still, the non-Spanish speakers resent the Spanish chatter and wonder if they’re being talked about. What can we do? — L.C, Illinois …

Minor discipline without pay or benefits loss isn’t retaliation

02/01/2008

Punishing someone who has filed EEOC or other discrimination claims is illegal. But that shouldn’t stop you from enforcing reasonable rules. Courts won’t ordinarily view as retaliation minor disciplinary actions that don’t cost employees any pay or benefits …

Sticker shock: Fee awards can dwarf money damages

02/01/2008

Here’s a powerful reminder to managers and supervisors that they must follow the letter and the spirit of discrimination laws: A recent California appeals court that heard a reverse discrimination case upheld an attorneys’ fee award that was 35 times higher than the dollar amount awarded to the employee who had been discriminated against …

Enforce dress and grooming code tactfully to avoid trouble

02/01/2008

You can’t legislate good taste. But that shouldn’t stop you from having and enforcing dress and grooming rules. How you enforce those rules, however, can make the difference between needless litigation and a productive workplace. Don’t joke around about an employee’s dress or style. Instead, call the person into a meeting and discuss the problem in private …