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Discrimination / Harassment

Hiring questions: What’s off limits?

08/01/2007

Q. What questions are off limits on an employment application or when conducting a job interview?

What Makes an Environment ‘Hostile’?

08/01/2007

Q. What factors determine whether an environment is “hostile”? …

Transparent process best defense against hiring lawsuits

08/01/2007

The success of your organization depends on hiring the right people. You spend a lot of time and effort determining the company’s needs and designing job descriptions that meet those needs. Don’t let a potential discrimination lawsuit ruin all that hard work. Instead, make the hiring process as transparent as possible …

Track pay raises as defense to retaliation claims

08/01/2007

Sometimes, employees who have complained about real or imagined discrimination look for evidence that they’re being punished for complaining. Then, when something happens at work that may be completely unrelated to the complaint (e.g., a missed raise because of budget constraints or job cuts due to business cycles), they cry retaliation. Your best protection is to keep detailed records of all pay increases and merit payments …

Beware any change in working conditions after complaint

08/01/2007

When an employee claims discrimination, HR should make sure that employee isn’t retaliated against. But retaliation is more than lost promotions, discharge or demotions. Retaliation can be any employer-initiated action that would deter a reasonable person from complaining. That’s why it’s crucial for HR to let supervisors and managers know they shouldn’t change anything about the employee’s working conditions without HR approval …

Remove open job listings if you don’t plan to fill them

08/01/2007

Do you routinely keep unfilled positions open and posted? If so, consider removing them until your organization plans to actively recruit to fill them. Otherwise, an employee who is disgruntled for not having been promoted may see the posting and try to argue that he or she is being retaliated against for prior complaints …

How not to treat a pregnant employee

08/01/2007

Pregnant Texas employees are protected from discrimination under the Texas Commission of Human Rights Act (TCHRA). The TCHRA prohibits sex discrimination and makes it an “unlawful employment practice if because of … sex … the employer discharges an individual.” It also defines sex discrimination to include “discrimination because of or on the basis of pregnancy.” …

Houston jury awards manager almost $1 million for age bias

08/01/2007

A Houston-based seismic technology and equipment company is facing a nearly $1 million jury verdict as the result of a lawsuit brought by one of its former manufacturing managers. Input/Output terminated Gaines Watkins in 2002 when he was 68 years old, claiming the company was making changes that he was “incapable or unwilling” to implement. Watkins sued, claiming he was fired because he didn’t fit the company’s new youthful image …

Evaluating employee performance without creating legal liability

08/01/2007

Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance …

Will ‘Bullying Victim’ Become The Next Protected Category?

07/30/2007

Several states are debating legislation that would make “workplace bullying” an illegal practice, like discrimination or harassment. Passage of such bills would increase your liability risks and force you to referee personality disputes. Here’s the status of the legislation, and how your organization should respond …