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

Discrimination / Harassment

Investigate—And then explain decision to discipline or not

12/01/2007

Just about every harassment allegation deserves some sort of investigation. After all, that’s the only way to tell what is really happening down in the trenches. But that doesn’t mean each and every accusation should result in discipline or some other tangible action …

‘Last-Chance agreements’ are reasonable accommodations for substance abuse

12/01/2007

A court has ruled that so-called “last-chance agreements”—which put off discharge in favor of treatment for an active drug or alcohol problem—are valid as reasonable accommodations. If last-chance agreements were banned, employees with substance abuse problems would lose an important avenue toward keeping their jobs …

In Pennsylvania lately, no noose is good news

12/01/2007

A recent spate of bizarre “noose” incidents at workplaces in Philadelphia and Pittsburgh have activists calling for tough responses. A Verizon worker in Butler County discovered a doll with a noose around its neck and a note saying she didn’t deserve a promotion. Days later, a worker at a construction site in O’Hara Township found a noose in his work area …

Philadelphia hotel sales rep sentenced for hate crime

12/01/2007

Kia Reid, a former sales representative at a Sheraton Suites hotel in Philadelphia, was sentenced to eight months in a community corrections center plus two years of probation for sending a threatening note to her supervisor, who is an American Muslim of Arabic descent …

Workplace genetic testing raises discrimination concerns

12/01/2007

Advances in genetic research have renewed attention on the workplace implications of genetic testing. Genetic research has many potential benefits. But there is growing concern that employers with access to genetic information may use it to discriminate …

Illegal status doesn’t bar employee’s discrimination claim

12/01/2007

While it may be unlawful to employ illegal immigrants under the Immigration Reform and Control Act, that doesn’t mean undocumented employees can’t sue for alleged employment discrimination based on other factors, such as pregnancy. Federal courts will still entertain discrimination lawsuits, ignoring illegal status …

New Jersey’s anti-Discrimination law has long reach

12/01/2007

You may think that the New Jersey Law Against Discrimination (NJLAD) applies only to your role as an employer. You would be wrong. In fact, the NJLAD may affect other aspects of your organization’s business activities. As the following case shows, even refusing to do business with another company can lead to discrimination litigation …

Documenting HR’s responsiveness cuts harassment liability

12/01/2007

Employees who quit in frustration when their harassment complaints go unheeded can sue, claiming they were “constructively discharged” because conditions were unbearable. That’s why it’s crucial for the HR office to respond to each and every complaint. Doing so can head off a surprise lawsuit …

Generalized harassment isn’t considered retaliation under CEPA

12/01/2007

Good news for employers: Workers who claim they have been retaliated against for whistle-blowing under the New Jersey Conscientious Employee Protection Act (CEPA) have to show more than generalized displeasure with their organizations’ actions. Mere harassment isn’t enough—the employer has to take concrete action such as firing, demoting or denying promotions …

Tropicana Casino faces yet another age discrimination suit

12/01/2007

Two former pit bosses are suing the Tropicana Casino and Resort in Atlantic City for replacing them with younger workers. The Tropicana already faces an EEOC lawsuit on behalf of 20 employees ranging in age from their late 40s to their early 70s who were laid off in January …