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Discrimination / Harassment

Mere days of harassment mean lawsuit when ‘Constructive discharge’ is involved

10/01/2007

When it comes to sexual harassment under Ohio’s sex discrimination laws, a few days is all it takes to create a hostile work environment. Even if the harasser stops—instead turning critical and cold—the harassed employee may quit shortly after. Courts then will view the resignation as the effective equivalent of being fired in retaliation …

Don’t add insult to injury: Be careful what you say about litigious employees

10/01/2007

When a former employee sues and you think the lawsuit is frivolous, resist the temptation to belittle or punish the employee by discussing the case. Small talk can mean a big payday for a former employee who finds out and files a defamation lawsuit. What’s more, you could be personally liable if a jury finds you acted vengefully or with ill will. The best advice: Don’t discuss pending lawsuits. If you say nothing, you can’t be accused of slander …

‘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 …