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Discrimination / Harassment

Groups rally to end marital profiling in hiring process

11/01/2007

In Pennsylvania, it’s still legal to ask job applicants about their marital status and family plans. The Pennsylvania Commission for Women rallied at the state Capitol on Oct. 2 in favor of legislation that would change that practice …

More employers try to regulate employees’ off-Duty behavior

11/01/2007

To help control significant health care cost increases, many employers are trying to regulate employees’ off-duty behavior when they believe that it creates health risks. Although motivated by legitimate economic concerns, are these employers overstepping the boundaries of individual privacy? …

Foul play: Can employee sue over offensive odor comments?

11/01/2007

Q. An employee of ours has a very distinct, offensive odor. I received several complaints about the smell, so I confronted the employee, hoping to rectify the situation. Unfortunately, he did not respond well and threatened to sue. Does he have a case? …

Make sure job descriptions accurately list qualifications

11/01/2007

Accurate, up-to-date and comprehensive job descriptions are essential in defending against all manner of employee lawsuits. As the following case shows, you can’t argue that an applicant doesn’t have the necessary experience or education if your job description doesn’t list those qualifications …

Demanding lie detector test isn’t necessarily retaliation

11/01/2007

The 5th Circuit Court of Appeals, which has jurisdiction over Texas employers, has refused to say that Title VII prohibits the use of polygraph examinations in harassment investigations. Now juries get to decide whether forcing an employee to undergo a polygraph exam is retaliation for filing a complaint …

Court: If employees hold the job, they’re ‘Qualified’

11/01/2007

Employers are finding it harder to get age discrimination cases dismissed early. They also are learning that beating age discrimination suits requires rock-solid evidence of fair and equal treatment—and a genuine, legitimate reason for discharging the employee that has nothing to do with age …

If employee makes threats, discipline isn’t retaliation

11/01/2007

You’ve done everything right. You have a solid anti-harassment and discrimination policy, a simple and effective complaint process and you strive to fairly, completely and quickly resolve complaints. But what do you do when the employee who complained doesn’t like the results and blows up? …

It’s not discrimination if worker wasn’t disciplined

11/01/2007

Employees whose employers turn down their requests for time off to attend religious services can’t just run out and sue for religious discrimination. They have a case only if their employers discipline or discharge them for refusing to comply with work requirements—for example, skipping work to attend services …

12,000 EDS employees offered early retirement option

11/01/2007

Electronic Data Systems Corp. (EDS), based in Plano, announced that it would offer early retirement to 12,000 eligible U.S. employees. The technology systems management and services company, which has approximately 136,000 employees in 64 countries, is making the offer in order to reduce costs …

Who is the harasser? Supervisor or co-Worker status matters

11/01/2007

Whether an employer is liable for workplace harassment under Title VII of the Civil Rights Act or state law oftentimes turns on the status of the harasser. If the employee’s supervisor is the harasser, liability for adverse action harassment is automatic. If, however, the harasser is a fellow employee or a supervisor other than the employee’s, the employee must show that the employer knew or should have known about the harassing behavior …