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Discrimination / Harassment

Track all disciplinary actions to head off disparate-Treatment claims

07/01/2007

When employees sue under the employment discrimination laws of Ohio, they often allege disparate treatment and try to show their employer treated members of their protected class (e.g., age, race, sex) more severely than other employees. The key to a good defense lies in tracking each and every disciplinary action when it occurs …

Prompt action by management is key to winning hostile-Environment lawsuits

07/01/2007

The Ohio Fair Employment Practices Act makes it illegal to subject employees to a racially hostile work environment. But not every hostile act does a lawsuit make. Much depends on management’s response to such hostility …

Immortal words of Imus end state employee’s career

07/01/2007

A 60-year-old administrator in the state treasurer’s office was urged into retirement after she called a fellow worker a “nappy-headed ho” one week after radio personality Don Imus made the phrase famous …

Hypersensitive employee doesn’t get special protection

07/01/2007

Most organizations realize they have to take reasonable steps to stamp out sexual harassment. Their efforts have probably done a lot to wipe out the most blatant examples,  but what about more subtle harassment? …

When filing lawsuits, employees not entitled to ‘Two bites at the apple’

07/01/2007

A recent federal appellate court ruling should give some comfort to employers in Texas and other states in the 5th Circuit …

Court: Basing pay on past salary may spark Equal Pay Act lawsuits

06/20/2007

A surprising new court ruling says that if your organization uses a common pay practice—setting new hires’ salaries based on their past pay—you could be violating the Equal Pay Act …

You Can Issue ‘Gag Order’ While Investigating Complaint

06/19/2007

Nothing disrupts a workplace like unbridled rumors, especially when it’s about a sexual harassment complaint. Such chatter can make it hard to carry out a fair and impartial investigation. For that reason, you can—and should—be proactive about curbing idle speculation while your organization investigates …

Echoes of Virginia Tech: ‘Copycat comments’ lead to firings around U.S.

06/13/2007

“If I get one more write-up, if you think they had a problem in Virginia, it’ll be worse here.” That comment by  a Suffolk County (NY) Community College employee led to his arrest. At SeaWorld in Florida, a “joke” about the Virginia Tech shootings earned an employee the same fate. Here’s how to handle such comments in your organization. Plus, learn the 8 warning signs of violent worker behavior. 

Supreme Court affirms that FLSA doesn’t apply to all employees

06/12/2007

A Supreme Court case narrowly focused on FLSA protections for home health care workers may signal a broader trend worth watching. Is a conservative high court now more inclined to defer to federal agency interpretations of the law even when those interpretations limit employee rights? A new EEOC age discrimination case that could reach the Supreme Court might tell the tale.

Supreme Court to hear key age-discrimination case next term

06/05/2007

The ink on the U.S. Supreme Court’s latest employment-law decision was barely dry before the court voted to hear yet another important employment-discrimination case—this one concerning age discrimination.