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Discrimination / Harassment

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 …

Specify some offenses as dischargeable, and follow through

02/01/2008

Employers have a legal obligation to provide a safe working environment, and that includes taking reasonable measures to ensure that violence stays outside the workplace gate. Your employee handbook should include “no violence” and “no threats” clauses, explaining that verified violence or threats mean immediate dismissal …

Stable employment history is a legitimate hiring criterion

02/01/2008

You can use stable employment history as a legitimate selection criterion in hiring—if you do it right. The key is to allow employees to explain interruptions in their employment histories, ignoring those that could lead to a discrimination lawsuit …

Unequal treatment during investigation can trigger lawsuit

02/01/2008

When conducting internal investigations into alleged wrongdoings, make sure you don’t treat employees who belong to a protected class (e.g., age, sex, race or disability) differently than others who may have misbehaved. As the following case shows, discharging one person based on an emotional reaction during an interview and keeping another who kept his cool under questioning may lead to a discrimination lawsuit …

Objective, unwavering criteria is key to litigation-Proof promotions

02/01/2008

A lawsuit is the last thing you want after making a promotion decision. The best way to stay out of court is to insist on objective promotion criteria …

Trainer uses drill sergeant tactics? Make sure it’s ‘Equal opportunity pressure’

02/01/2008

Some managers, especially those with extensive military training, may rely on techniques straight out of boot camp. Under the right circumstances, they can be very effective trainers, who get results and create an effective team. But loud, intimidating and in-your-face behavior comes with a huge risk …

EEOC sues Folks restaurants for religious discrimination

02/01/2008

The EEOC has filed a religious discrimination lawsuit against Folks, the metro Atlanta and North Georgia restaurant chain, for allegedly refusing to employ a woman because of her religious attire …

It all depends on what the meaning of the word ‘Involved’ is

02/01/2008

Over the course of a 16-year career, Ronnie McNorton found himself on the receiving end of many disciplinary actions by his employer, the Georgia Department of Transportation. But McNorton hung on and won several promotions. In 2002, that advancement stalled, ironically because McNorton helped another state employee get her career off the ground. If only he could have kept his stories straight …

Firing justified if employee tries to short-Circuit system

02/01/2008

In day-to-day business, companies have every right to demand that employees follow the chain of command. They can require workers who have complaints about work processes or disagreements with co-workers to take up their issues with supervisors, and not go over bosses’ heads. If employees defy those rules, that can be insubordination—and it can justify termination …