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Discrimination / Harassment

Being the only member of a protected class isn’t direct evidence of discrimination

12/01/2007

While being the only Hispanic, black or woman in a workplace may be uncomfortable, it doesn’t show that your employer practices discrimination. It takes more—such as statistical proof that the local labor pool includes other members of the employee’s protected class and that the organization employs a disproportionately lower number than should be on the payroll …

$27.5 million settlement in law firm’s age discrimination suit

12/01/2007

The international law firm of Sidley Austin LLP, Chicago, will pay $27.5 million to 32 former partners to settle an EEOC lawsuit. The EEOC claims 29 of the partners were either expelled or demoted during a 1999 reorganization, and the remaining three retired under the firm’s age-based retirement policy …

Car dealer had a right to send salesman packing

12/01/2007

A salesman for Spring Hill Ford in East Dundee sued the company for race discrimination after he was fired for tardiness. Harland Creal admitted reporting to work 45 minutes late one afternoon in May 2005, but said his supervisor reprimanded him on the showroom floor and then became angry and orally abusive …

Consider ADA, discrimination, validity issues when using personality tests

12/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately reflect an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

An e-mail from the EEOC? Don’t be so sure; Agency warns of phony ‘Trojan horse’ virus

12/01/2007

Corporate HR offices across the country began receiving e-mails last month that appeared to be from the EEOC but were actually bogus—and potentially dangerous …

EEOC drives a stake into heart of age-Based retirement policies

12/01/2007

Does your organization have a policy requiring employees to retire (or step down to a lesser position) once they hit a certain “unbecoming” age? If so, a groundbreaking $27.5 million EEOC settlement shows that you’d better retire those policies … not the people …

‘Cultural fit’ might be code for age discrimination

12/01/2007

Each organization has its own culture, and some even strive to differentiate themselves based on that unique atmosphere. But some words of caution are in order: If you use “cultural fit” to limit applicants or to drive out those who don’t conform, prepare for trouble …

Document experience to justify who stays after RIF

12/01/2007

In uncertain economic times, employers place a premium on flexibility. That includes being able to retain the most talented, productive and experienced employees, and perhaps terminating those with more seniority. But that can lead to discrimination claims over age and other characteristics …

Headed to court? Have everyone ask lawyers if conversations are being recorded

12/01/2007

When it comes to winning lawsuits, it’s a cutthroat world out there. Attorneys representing employees may stoop to low tactics, such as secretly recording every conversation they have with witnesses. What’s worse, it’s not against the Georgia state bar ethics rules to make secret recordings. But lying about it is. That’s why you should instruct anyone who will be speaking with an employee’s attorney to ask point blank whether the conversation is being recorded …

Just got served with court papers? It’s OK to impose already-Planned discipline

12/01/2007

Sometimes, employees who are having trouble at work think that filing EEOC complaints or lawsuits will save their jobs. It’s a ploy generally designed to paralyze management by raising the specter of a retaliation claim. But courts generally don’t hold it against an employer if it carries out a previously made discipline decision. A lawsuit or complaint doesn’t work like a cease-and-desist order …