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Discrimination / Harassment

Supreme Court to hear important employment law case

10/02/2007

In a term that will be dominated by cases concerning Guantanamo detainees and the power of the Executive branch, the U.S. Supreme Court will also hear an important case involving employment discrimination.

NC employees can win bigger windfall in harassment suits

10/01/2007

In North Carolina, it’s not just sexual harassment lawsuits brought under federal law that you have to worry about. Your organization could face state tort law claims, such as “intentional infliction of emotional distress” or “negligent supervision” if an employee’s behavior is extreme enough and management doesn’t take steps to stop it …

How to provide religious accommodations in NC workplaces

10/01/2007

North Carolina mirrors America’s growing diversity in many ways. Today, mosques occupy old churches, co-workers wear burqas and yarmulkes, and some employees request “prayer breaks.” Religious diversity is a reason for celebration, but it also presents challenges in the workplace …

Fort Wayne dealership must pay $1.1 million for retaliation

10/01/2007

Mid-State Motors of Fort Wayne will pay $1.1 million to a former sales manager for retaliating against him after he filed an EEOC complaint. The sales manager, Trent Chapin, was replaced by a Pakistani Muslim employee shortly after a new Pakistani general manager took over the dealership …

HR tracking system helps ensure equal treatment

10/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. And that’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate the types of problems and any discipline levied …

Be prepared to back up group firing decision

10/01/2007

Does your organization make important hiring and firing decisions by committee? That’s one way to counter possible bias by one individual. But be prepared to document how the group made the decision …

Only business need can justify English-Only rules

10/01/2007

Employers that want to limit the use of languages other than English in the workplace take note: Your language restrictions must be reasonable and based on genuine business needs. A simple company preference for English isn’t good enough …

OWBPA doesn’t cancel out courthouse-Step settlements

10/01/2007

The federal Older Workers Benefit Protection Act (OWBPA) requires employers to give older workers at least 21 days to consider the offer if any termination or severance-pay agreement asks them to give up their right to sue for age discrimination. But fortunately, once the case is in court, there’s no waiting period …

Remind supervisors: No temper tantrums allowed

10/01/2007

One of the quickest ways to turn an annoying—but perhaps unfounded—discrimination complaint into a winning lawsuit is to react inappropriately. That’s why it’s critically important for HR professionals to remind managers and supervisors: Don’t comment on pending complaints! Plus, remind them that venting in front of employees can backfire …

Despite contract, union members can sue directly

10/01/2007

If you think you can prevent employees from suing you directly by negotiating a union contract specifying that all employment disputes go to arbitration, think again. Even if the collective-bargaining agreement specifies that every employment-law dispute will be arbitrated, your employees still can go to state or federal court with their claims …