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Discrimination / Harassment

Minnesota Drug and Alcohol Testing in the Workplace Act

02/01/2008
Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) limits employers’ ability to test employees and independent contractors for illegal drugs and alcohol. While DATWA does not require employers to perform drug testing, it governs the process if employers elect to do so …

Local Ordinances in Minnesota

02/01/2008
Local governments in Minnesota sometimes legislate their own rules for employers within their jurisdictions. For example, Minneapolis and St. Paul have living-wage laws stipulating higher pay than the state minimum wage ($6.15 per hour for large employers), while a Duluth ordinance prohibits discrimination based on familial status …

Record $2.5M Race-Discrimination Settlement Highlights New EEOC Crackdown

01/15/2008

On-the-job racism in America is a growing problem more than 40 years after the Civil Rights Act made employment discrimination illegal. That’s why the EEOC has launched a new education and enforcement initiative called E-RACE (Eradicating Racism and Colorism from Employment.).

Washington Update: News from the NLRB, EEOC and USCIS

01/15/2008

The New Year often brings a flurry of activity from the many federal government agencies that address employment issues, and 2008 is no exception. We’ve got good news on employers’ control over workplace e-mail, bad news for employers who discriminate and mixed news for those who want to hire foreign workers.

Even ‘Secondhand’ porn can create an illegally hostile environment

01/08/2008

Any presence of pornography in the workplace can spark expensive, reputation-draining lawsuits. You need a policy of zero tolerance: No adult material anywhere, anytime — not on office computers, in e-mails, on videotapes or DVDs.

EEOC rule allows coordination of retiree health benefits with Medicare

01/03/2008

The EEOC has issued a final rule allowing the long-standing employer practice of coordinating retiree health benefits with Medicare without violating the age discrimination law. The new reg ends a seven-year battle to ensure  "bridge" coverage for younger retirees.

Hiring friends, family not illegal—Unless race factors in

01/01/2008

Technically, favoring friends and family members for jobs and giving them plum assignments isn’t illegal. But if nepotism results in an all or mostly white work force, applicants or employees from other protected categories (e.g., race, gender, national origin) can still sue, claiming illegal discrimination …

Act fast on harassment claims, even if employee delayed

01/01/2008

If a victim of alleged sexual harassment waits months—or even a year or more—before complaining, you may wonder how serious her claim is. Don’t let your doubts affect how you handle the case. In fact, the best way to protect your organization is to act quickly on all harassment complaints, no matter how improbable, minor or tardy they may seem …

Track discipline to quickly counter lawsuit claims

01/01/2008

No employer is immune from employee lawsuits. But there is a lot you can do to lessen the impact of lawsuits that do occur—before they cost huge expenditures of time, effort and money. One of the best ways to ensure the quick dismissal of frivolous claims is to have information at your fingertips, especially disciplinary data …

Retiring instead of facing discipline doesn’t constitute constructive discharge

01/01/2008

Employees who retire to avoid facing internal disciplinary charges can’t turn around and claim they were constructively discharged. That’s why employers might want to consider offering retirement in such cases as an option in lieu of discipline …