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Discrimination / Harassment

Supervisors who say ‘What happens here, stays here’ invite retaliation claims

01/01/2008

Sometimes managers want to handle problems themselves and not involve the HR department or others in the chain of command. But telling employees to keep quiet and not complain to higher-ups actually may amount to retaliation. Threats and warnings, standing alone with no actual consequences, may be “materially adverse employment actions” when retaliation is the charge …

St. Vincent Hospital fires worker over threatening note

01/01/2008

A white environmental services attendant recently sued St. Vincent Carmel Hospital, claiming racial discrimination and retaliation. He was fired for violating the hospital’s anti-violence policy …

Indianapolis company accused of breaking Muslim sharia law

01/01/2008

HDG Mansur, a multinational property company based in Indianapolis, is poised to launch the first global real estate investment fund compliant with Islamic sharia law. But the firm has drawn complaints from a U.S. imam, Indiana clergy and unions …

Romance at the office, liability later?

01/01/2008

Q. At a recent office get-together, two members of my staff announced they were officially dating. Our company has a strict policy that prohibits dating between a supervisor and a direct subordinate, but our handbook is silent as to relationships such as this one between co-workers. Are there any steps I should take to protect the company from liability? …

Court: Tailor complaint procedure to ‘Average’ worker

01/01/2008

When was the last time you read your company’s harassment reporting procedures? Could all employees in your organization understand how—and with whom—to file a complaint? It’s important to ask these questions in the wake of a new court ruling that should give you incentive to cut the legalese and confusion out of your reporting procedures …

Show fairness by documenting all rule violations, discipline

01/01/2008

You must be prepared to show that you treated each and every employee equally when it comes to discipline. Otherwise, you may find yourself in the same situation as, in the following case, an employer that couldn’t recall how it had disciplined a white employee for violating an attendance rule, but fired a black employee for the same infraction …

When’s a handbook not a handbook? When everyone ignores it

01/01/2008

No doubt, your organization has an employee handbook. You may even have helped draft it or agonized over the amount of money you paid a law firm to create or review it. But one thing is certain—having a handbook won’t do you any good if no one in the company uses it …

Interviewers must ask consistent questions, take good notes

01/01/2008

When it comes to promotions, be sure that management team members in charge of interviews are all on the same page. That means ensuring they ask all candidates exactly the same questions and make thorough notes about each applicant …

Philadelphia DEA agents allege reverse discrimination

01/01/2008

Opening arguments began in December in the federal civil trial of two U.S. Drug Enforcement Administration agents based in Philadelphia who are suing the U.S. Justice Department for reverse discrimination. George Marthers III and Jude McKenna, who are white, allege black former supervisors harassed them so severely that both men had to take medical leave …

Office love affair plus sales tips lead straight to court

01/01/2008

Jane Roberti worked as a loan officer for Allentown’s Becker Subaru. Her live-in boyfriend, Mark Wynne, also worked there as a salesman. Roberti’s responsibilities included funneling Internet sales leads to the salespeople. When employees began to complain that Roberti routed the best leads to Wynne, management counseled both to keep their personal and professional lives separate …