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Discrimination / Harassment

Equal-Pay Bills Defined by ‘Work of Comparable Value’

06/01/2007

Michigan Democrats are pushing several bills aimed at closing the earnings gap between women and men. House Bills 4625-4627 and Senate Bill 417 would broaden anti-discrimination laws to require equal pay for “work of comparable value”…

Michigan supervisors can be personally liable for discrimination

06/01/2007

Can a supervisor be sued personally for alleged acts of discrimination in Michigan? Based on a January decision by the Michigan Court of Appeals, the answer is yes …

Indefinite suspension is retaliation, even without discharge

06/01/2007

When a company faces sexual harassment or other discrimination complaints, the investigation has to start as soon as possible. Sometimes that means suspending participants while you sort things out. A prompt conclusion to a thorough investigation is the key to avoiding retaliation charges when you tell everyone to take a “time out” …

Good evaluation, raise don’t invalidate retaliation claim

06/01/2007

Ever since the U.S. Supreme Court made it easier to charge retaliation for complaining about alleged discrimination, the courts have been flooded with new cases probing the limits of the ruling. The new test is whether an employer’s action would “dissuade a reasonable worker from making or supporting a charge of discrimination”…

Under Ohio disability discrimination law, employees can go directly to court

06/01/2007

Most federal discrimination laws require employees who think they have been wronged to file a complaint with the EEOC or their state’s equivalent agency before going to federal court. But that’s not the case when it comes to disability discrimination cases brought under the Ohio Revised Code anti-discrimination provisions …

Jeff Wyler dealerships hit for $2.3 million in EEOC decree

06/01/2007

Eleven Cincinnati auto dealerships owned by Jeff Wyler will pay $2.3 million to a class of 39 women for refusing to hire them because of their gender …

Aliens and postmarked babies shoot down manager’s case

06/01/2007

The manager of a Dave & Buster’s Restaurant in Cincinnati lost his age-discrimination claim because the case was ruled primarily circumstantial by a U.S. District Court, Southern District of Ohio …

Attorney’s letter? Proceed with plans, but back up decision

06/01/2007

Employees who realize their jobs are in peril sometimes think pulling out the “lawsuit card” will save them. They’ll meet with an attorney, who will try to head you off with a threatened lawsuit. It sometimes succeeds because it casts the potential discharge in a sinister new light—as retaliation for threatening to sue. Here’s how to counter it and still carry through with your planned action …

Train managers to adopt poker face when facing complaint

06/01/2007

To avoid triggering retaliation lawsuits, train managers and supervisors on how to react to a complaint. First and foremost, explain that all complaints should be received professionally and without any apparent display of disappointment or emotion. Remind them: No comment allowed …

Employer statements to NASD can’t be the basis for defamation lawsuits

06/01/2007

Attention: HR pros in financial services firms: If you’ve worried that reporting a terminated employee’s alleged wrongdoing to the National Association of Securities Dealers might leave you open to a defamation lawsuit, relax.  The Court of Appeals of New York has ruled such statements are absolutely privileged …