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Discrimination / Harassment

Beware lawsuit if re-Org adversely affects older workers

10/01/2007

If your organization is planning an extensive reorganization or creating an entirely new subsidiary, take care to consider the impact on older workers. If, in the process of leaving one company entity or subsidiary and going to another, older workers lose substantial benefits they used to enjoy, you may be courting an Age Discrimination in Employment Act (ADEA) lawsuit …

Tough attendance policy? Careful when calling ‘Strike three’

10/01/2007

To combat absenteeism, many organizations use a progressive discipline approach. These plans feature escalating penalties plus a no-excuses approach to the final violation. Some plans call for automatic termination when an employee hits a specific number of days absent or times tardy. That’s fine. Those measures may decrease late arrivals and cut down on unexcused absences. But if a termination is about occur, HR must be sure the last incident is beyond question …

Act fast to end harassment, stop hostile environment claims

10/01/2007

When employees complain they are being harassed or say they work in a racially hostile environment, treat those claims seriously. Thoroughly and completely investigate their complaints, and resolve them as soon as possible …

Even isolated comments can trigger age discrimination suits

10/01/2007

Train managers and supervisors: No age-related comments! None. A simple sentence might not form the entire basis for an age discrimination lawsuit, but it can add fuel to an otherwise-smoldering case …

Interview and consider applicants even if they’re receiving SSD payments

10/01/2007

Applicants and employees who are so disabled they are eligible for Social Security Disability (SSD) payments can still sue for disability discrimination under state law. Why? Because claiming you are totally disabled and unable to work (as required to get SSD benefits) doesn’t mean you don’t think you could do some type of work with reasonable accommodations …

Exclusivity or discrimination? Hotel reconsiders ‘Women-Only’ floor

10/01/2007

The new JW Marriott in Grand Rapids had plans to reserve a hotel floor exclusively for women. The rooms would offer chenille blankets, robes and special soaps for a $30 premium over regular room prices. Now the novel arrangement, designed to entice female business travelers, is on hold …

Complying with the revised EEO-1 reporting requirements

10/01/2007

Employers were required to file a new and revised EEO-1 report by Sept. 30. The EEOC recently revised the report form for the first time in more than 40 years. Did your organization comply with the new reporting requirements—or will you need to make changes? …

Employee fraternization—The kiss of discord?

10/01/2007

Q. We are a relatively small company, and it has come to our attention that two of our single employees have become romantically involved. One of the employees is in management. We have no policy addressing employee fraternization (if that is the correct term), and we wonder whether we can, or should, do something about it. Ideas? …

Make sure employees know your policies on moonlighting

10/01/2007

Do your employees ever take time off (whether vacation, personal time or even FMLA leave) to work a second job? You can’t do much about that unless you have a solid policy that prohibits moonlighting. Otherwise, employees on leave are free to spend that time any way they want, even working for someone else or in their own business …

You can provide ‘Accommodation’ without admitting disability

10/01/2007

Even if you aren’t positive an employee’s problems amount to a disability, don’t worry about offering an accommodation. You aren’t admitting the employee is disabled, nor are you “regarding” him or her as disabled. You can still challenge the disability without ADA liability …