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Discrimination / Harassment

Hispanic manager cannot object to diversity report

10/01/2007

Eduardo Padilla, an information technology manager for the North Broward Hospital District, filed a discrimination and retaliation lawsuit alleging he was laid off because he was Hispanic …

Immigration: Know your ‘Border guard’ responsibilities

10/01/2007

Together, the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986 govern U.S. immigration policy. IRCA was amended in 1990. With each new law, employers gain new responsibilities. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and his or her legal work status. Employers can hire only those who are eligible to work legally in this country …

When disciplining employees, pick one reason and stick with it

10/01/2007

Nothing raises suspicion among judges and juries more than inconsistent explanations. For example, shifting reasons for firing someone can backfire. You’re courting trouble if the employee filed a discrimination claim with your HR office or the EEOC or sued your organization before being fired. The key to a clean discharge—especially when the employee has filed discrimination charges—is picking a legitimate reason for firing the employee and sticking with it …

Tell managers: No paternalistic protection allowed

10/01/2007

Check patronizing attitudes—and comments—at the workplace door. Protective attitudes have no place at work and even a comment or two may spur on a sex-discrimination lawsuit. That’s why HR must tell managers and supervisors: Lay off the “I know what’s good for the delicate sex” comments. They are direct evidence of sex discrimination and a sure way to court …

Track discipline by type and protected characteristics

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 and then compare employees’ sex, race, age and other protected characteristics against punishment for the same conduct …

Origin not the sole factor in national-Origin discrimination

10/01/2007

You know it’s illegal to discriminate against someone based on his or her national origin. You may not know that it’s also illegal to discriminate against someone who simply has characteristics that reflect a particular heritage, whether or not he or she claims a particular heritage …

Easy come, easy go: Judge cuts huge discrimination award 92%

10/01/2007

Carol Tamao had won a $6 million verdict in her Age Discrimination in Employment Act and ADA lawsuit after her supervisor implied her age was a factor in her termination. But a federal judge ruled the jury got carried away when it started handing out her former employer’s money …

Disabled woman says McDonald’s refused to serve her

10/01/2007

An Illinois woman who suffers from Holt-Oram syndrome, a condition where the sufferer’s arms and hands are underdeveloped, sued McDonald’s after employees refused to allow her to pick up her drive-through ordered food with her feet …

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 …