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

Discrimination / Harassment

‘Youth movement’ comment not enough to sink dealership’s case

10/01/2007

Tom Ahl Buick prevailed in an age discrimination suit despite the fact that owner Tom Ahl told the plaintiff his Lima dealership was having a “youth movement.” He later demoted the 40-something plaintiff from his sales manager position and hired a 25-year-old former furniture salesman to take over …

Speedway SuperAmerica prevails on retaliation charges

10/01/2007

Speedway SuperAmerica, the Enon-based convenience store chain, won a recent sexual harassment and retaliation lawsuit by a former cashier in a West Virginia store. The cashier alleged that she endured repeated sexual harassment by a co-worker. Shortly after complaining, she came up $200 short on her cash register. The company did not accuse her of stealing, but fired her …

Be alert to employment law issues related to older employees

10/01/2007

Employment laws give older workers unique protections that younger workers lack. Specifically, the federal Age Discrimination in Employment Act and Ohio’s Fair Employment Practices Act prohibit discrimination because of age against workers 40 and older. However, employers are getting a reprieve of sorts from a new EEOC regulation …

When litigious employee continues to threaten retaliation suit

10/01/2007

Q. An employee filed a sexual harassment claim with the Ohio Civil Rights Commission against my company. The commission investigated the charge and found it to be without merit. She still works for us and is continually threatening to file a retaliation claim. Can she? …

Separate the decision-Maker from the investigation

10/01/2007

When it comes to internal investigations looking into potential wrongdoings, it’s a good idea to put a wall between the investigator and the ultimate decision-maker. The investigator should present the facts of the case and leave drawing conclusions and deciding discipline to someone else …

Is everyone in your company treated equally? Here’s how to track

10/01/2007

Do you have ready access to your organization’s discipline records? Can you say with certainty that everyone charged with the same misconduct receives the same punishment? Or is there bias hiding in those records? The best way to check is to group discipline by type of misconduct and punishment …

Public employers: Beware association discrimination

10/01/2007

Here’s a trap for unwary public employers. Public employees can sue their agencies if they experience discrimination based on their association with persons of different races. That’s why it’s important to keep things professional and avoid any comments on an employee’s personal life or choice of associates …

‘Rubber stamp theory’ applies to Civil Service decisions, too

10/01/2007

Employees who claim they were fired illegally and whose jobs are protected by the Civil Service Act can win their lawsuits—if they can prove the Civil Service Board merely rubber-stamped a supervisor’s discriminatory decision. Until now, it was unclear whether that was the case …

St. Augustine florist sues over manager’s wilting remarks

10/01/2007

When Michaels, a chain of arts-and-crafts stores headquartered in Irving, TX, transferred manager Daniel Zimmerman into its St. Augustine store, upper management received numerous complaints from staff about his rudeness. Joseph Lewis, a floral designer suing the company for age and gender discrimination and retaliation, said employees began “dropping like flies” after Zimmerman joined the store …

Never on Sunday if employee claims religious need

10/01/2007

The U.S. Justice Department recently settled a complaint with Palm Beach County to accommodate a park ranger’s request to be given Sundays off so he could attend church and obey the rules of his religious faith …