• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Relying on evidence to back up termination? Don’t lose it

01/01/2008

When you catch an employee red-handed breaking a rule and you have solid evidence on your side, it seems like a no-brainer to fire him. But when you do, keep this in mind: If you lose an incriminating tape, e-mail or handwritten note, expect to lose the case …

Note to supervisors: No comments about religion and work

01/01/2008

It may seem obvious, but it bears repeating: Tell supervisors and managers to avoid discussing religion if at all possible. And never, ever use blunt terms to make an employee choose between her religion and her job. Instead, focus any discussion of religious accommodations on the company’s legitimate needs …

Handle terminations with dignity, due deliberation

01/01/2008

Nothing will fuel a lawsuit more than management’s poor behavior. While discharging an employee for any reason is stressful for everyone involved, there is a right and a wrong way to do it. The wrong way is to get emotional, to shout and unceremoniously throw the employee off the premises …

Tell supervisors: If you use racist language, you’re fired

01/01/2008

One of the fastest paths to a nasty race discrimination case—and all the bad publicity that follows—is for a supervisor to make a racist comment. If that supervisor is then involved in any disciplinary action against the employee, chances are those earlier comments will provide the employee with direct evidence of discrimination …

No simultaneous challenges in state and federal courts for workers’ comp cases

01/01/2008

A recent federal trial court decision means employees can’t sue to challenge the constitutionality of a Michigan workers’ compensation ruling in both state and federal courts. That’s good news for employers that now won’t have to fight it out in both courts at the same time …

Granholm bars bias against transgenders

01/01/2008

Gov. Jennifer Granholm has issued an order barring discrimination against state workers based on gender identity or expression …

To google or not: Legitimate screening method or privacy breach?

01/01/2008

The popularity of Internet blogs and social networking sites such as MySpace, LinkedIn, Facebook and Friendster is causing confusion and concern for some employers. At a time when it’s easy to search the web for information on just about anyone, what steps should a reasonable employer take to investigate the background of an employee? …

Following harassment complaint, changing supervisors can cut liability

01/01/2008

While no employer should condone any form of workplace harassment, it isn’t always necessary to terminate the alleged harasser. After all, sometimes it may be a matter of “he said/she said,” making it tough to sort out what really happened. That’s likely if there are no witnesses. In those cases, the best move may be to separate the parties …

Do your pre-Hire tests carry lawsuit risks? New EEOC guidance helps make the call

01/01/2008

The EEOC last month issued an extensive fact sheet that explains how federal anti-discrimination laws apply to pre-hire tests. The nonbinding guidance focuses on the best—and legal—practices for cognitive tests, personality tests, medical exams, credit checks and criminal background tests …

Odd applicant makes pre-Hire complaints? Proceed as usual

01/01/2008

Some applicants clearly have chips on their shoulders. Some go as far as to proclaim they think they are being discriminated against before they even have a chance to turn down job offers. As the following case shows, applicants can’t create retaliation cases simply by letting you know they think you are about to discriminate against them …