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Discrimination / Harassment

Analyze talents, needs before transfer

12/01/2007

Employers are generally free to transfer employees where their skills can be best utilized. Of course, some employees resist such moves, especially if these actions are perceived as undesirable transfers or even demotions. That’s why, for every transfer, you should make a clear assessment of who has what skills and talents …

Pilgrim’s Pride to pay $1 million to 5,300 applicants

12/01/2007

The nation’s largest poultry producer—Texas-based Pilgrim’s Pride Corp.—recently agreed to pay $1 million to settle allegations that it discriminated on the basis of sex and ethnicity in hiring …

New I-9 form plus no-Match letters complicate hiring process

12/01/2007

The U.S. Citizenship and Immigration Services (USCIS) has just released a revised Form I-9, Employment Eligibility Verification, for immediate use and a new M-274, Handbook for Employers, Instructions for Completing the Form I-9

Self-Audit: Job Applications

11/20/2007

Do your job application forms pass legal muster?

While Congress mulls federal gay-Bias law, take note of state, local rules

11/20/2007

Despite passage of a federal bill that would make discrimination on the basis of sexual orientation illegal nationwide, don’t expect it to become the law of the land any time soon. That doesn’t mean you’re off the hook for anti-gay discrimination: It’s against the law in many jurisdictions. Prevent discrimination against gays—and protect yourself from liability—with a strong anti-discrimination policy.

Exec claims systemic bias? Don’t shoot the messenger

11/01/2007

If a manager or other high-level employee comes forward with charges the company discriminates based on race, sex or other protected characteristics—stop, look and listen! Unless you are absolutely sure there’s no basis for the manager’s claims, take those charges seriously. Whatever you do, don’t punish the manager or try to drive him out …

Well-Publicized policy prevents harassment, lawsuits

11/01/2007

Having a clear, comprehensive and responsive harassment policy in place—and advertising its existence—is the best way to prevent a hostile work environment. Not coincidentally, that’s also the best way to avoid legal trouble. Not only can a policy prevent harassment by letting everyone know what’s unacceptable, but it also ensures employees who believe they have been victims of harassment can’t claim ignorance of the available remedies …

No ‘Hands-Off’ status just because of discrimination complaint

11/01/2007

Employers can’t retaliate against employees for filing discrimination claims. But that doesn’t mean you have to treat such employees with kid gloves. Just tell managers and supervisors to apply the “smell test” to any proposed change to the complaining employee’s work assignments …

Employees can’t sue for ‘Perceived’ religious discrimination

11/01/2007

Unlike several other forms of discrimination—such as discrimination based on perceived disability—being mistaken for a member of a religious group and then being discriminated against based on that mistaken association isn’t illegal …

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …