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Discrimination / Harassment

You don’t have to ‘Accommodate’ offensive proselytizing

02/01/2008

Employers often have to balance the rights of divergent protected groups in ways that seem impossible. Consider what happens when a local ordinance says you cannot discriminate against an employee based on sexual orientation, while state and federal law says you cannot discriminate against someone for a sincerely held religious belief …

When discouraged applicants sue, don’t ‘Blacklist’ them

02/01/2008

Here’s a trap you should be aware of: An applicant who sues when he isn’t hired often keeps on applying—and then turns around and claims that you “blacklisted” him in retaliation for the lawsuit. Here’s how you should respond …

Warning: Winning in state court doesn’t mean you can’t be sued in federal court

02/01/2008

It may seem terribly unfair, but an angry employee with a discrimination ax to grind may sue your organization in multiple forums for almost exactly the same alleged offense. That’s one good reason to get an attorney involved right away. Your lawyer can push early on to consolidate all the claims into one …

Emotional fallout from harassment may be a separate claim

02/01/2008

As if you didn’t have enough to worry about when it comes to sexual harassment in the workplace. Now a federal court has ruled that Pennsylvania law allows harassed employees to sue their employers for intentional infliction of emotional distress, too …

Demoting workers who belong to a protected class

02/01/2008
Q. When making demotion decisions—especially those involving employees in protected classes—what factors should an employer take into consideration to avoid legal backlash?

Family responsibilities discrimination poses complex quandary

02/01/2008

When employers make employment decisions based on sex stereotypes about caregivers or favor employees who don’t have family responsibilities, affected employees can successfully sue for family responsibilities discrimination (FRD) …

Hiring managers must review all applicants’ qualifications

02/01/2008

If someone sues you because she didn’t get hired or promoted, the hiring manager better be able to explain the selection criteria. Many can’t. That’s why it’s crucial for HR to oversee hiring and promotion processes and make absolutely certain you can document how the decision was made …

You don’t have to put up with disruptive behavior

02/01/2008

Have you tiptoed around an employee’s poor behavior because he belongs to a protected class? You don’t have to tolerate rudeness, threats or other disruptive acts. Just make sure you have clear rules in place and enforce them equally against everyone who breaks them. And remember: You have an obligation to provide a workplace free of violence …

Did everything employee asked and still got sued? You may get attorneys’ fees

02/01/2008

If an employee sues you for discrimination despite your successful efforts to resolve her complaint, you may be able to recover your attorneys’ fees from the plaintiff. The reason: That’s a frivolous lawsuit …

Make sure written employment contracts exclude oral promises

02/01/2008

It’s tempting for hiring managers to oversell positions they desperately want to fill. Although HR should warn them not to make promises the organization can’t keep, it happens. That’s why every written employment agreement and offer letter should contain explicit language limiting the terms to what actually appears in writing …