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Discrimination / Harassment

Porn at work: Don’t get into debate over what is ‘Too much’

09/01/2007

When an employee says no to the sexual images posted in co-workers’ workstations and to their sexually laced comments, your company had better listen … and act. It shouldn’t debate over “how much” porn is acceptable. As a recent lawsuit shows, even if an employee initially tolerates a sexually charged workplace, she can drop the lawsuit hammer at any time …

Don’t Ignore—or Make Light of—Harassment Complaints

09/01/2007

Remind supervisors, managers and HR staff: Don’t brush off or make light of sexual harassment complaints. Doing so can just add more fuel to the fire. When employees are ignored, they may begin to see every slight that comes their way—getting the cold shoulder at meetings or missing out on promotions—as retaliation for voicing their concerns about sexually hostile behavior. And that can make them much more likely to file lawsuits against your company …

HR investigations must go beyond supervisor suggestions

09/01/2007

When it comes to determining employee wrongdoing and setting punishment, it’s essential to use a  complete and independent investigative process. Otherwise, the company can wind up being responsible if it turns out that a supervisor who was “out to get” an employee—perhaps in retaliation for filing a discrimination claim— trumped up performance problems or other employee deficiencies …

Track all position openings and note who applies

09/01/2007

Do you keep a close record of all company job openings, how they’re posted and who responds? You should. Good records are the best way to show you didn’t purposely exclude from a promotion opportunity anyone who was qualified—or to show that they never applied in the first place …

Telling manager about special ed may trigger FEHA accommodations process

09/01/2007

California’s Fair Employment and Housing Act (FEHA) requires employers to make reasonable accommodations for an employee’s known mental disabilities. Under FEHA, something as simple as a new employee telling her manager that she has a learning disability and had taken special education classes triggers the employer’s responsibility to consider accommodations …

Managers—Even HR Managers!—May Be Personally Liable for Disability Harassment

09/01/2007

As if you don’t have enough to worry about. Now a federal court interpreting California law has concluded that supervisors and managers may be personally liable if they don’t provide a harassment-free work environment or if they harass a disabled employee …

Discrimination, harassment, retaliation cost LAFD $6.2 million

09/01/2007

A California Superior Court jury recently awarded a city firefighter $6.2 million in a lawsuit claiming race discrimination, sex discrimination, harassment and retaliation under the Fair Employment and Housing Act …

Former Fresno State volleyball coach awarded $5.85 million

09/01/2007

California Superior Court jury in Fresno has awarded $5.85 million to a former Fresno State volleyball coach who filed a discrimination suit after she was fired in 2004. The award covered back wages, future lost pay and emotional distress …

Fresno officer settles age, disability claim for $825,000

09/01/2007

Fresno city policeman, who claimed the city forced him into early retirement following an on-duty motorcycle accident, has settled his age-discrimination and failure-to-accommodate claim for $825,000 …

EEOC Focuses on ‘Family-Responsibilities Bias’

09/01/2007

The EEOC recently issued enforcement guidance declaring that disparate treatment of employees who care for children, parents or other family members violates federal law. “Disparate treatment” generally means an employer intentionally treated employees differently because of a protected factor such as race, gender, age or—in this case—their need to care for family members …