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Discrimination / Harassment

Pregnancy and ADA

06/01/2007

Q. An employee we hired two months ago has been absent frequently. She just informed us that: She is three months pregnant; is often too sick to work due to her pregnancy; has been told by her doctor that she can work only part-time for the next several months; and might be on bed rest for the last two months of her pregnancy. It is necessary for her to perform her job on a full-time basis without excessive absences. Is pregnancy covered under the ADA? Can we terminate her to hire someone who will be there full-time?

Track customer complaints—you may need them later

06/01/2007

If subjective criteria like attitude, leadership and being a team player are part of your organization’s employee evaluations, you’d be wise to keep detailed records of customer complaints …

OK to change job requirements, but be prepared to justify

06/01/2007

Jobs evolve and often become more complex, so it makes sense to revisit job requirements when someone quits, retires or is promoted. There’s no better time to re-evaluate positions to make sure the next job candidates will have the skills, training and experience necessary to succeed. But if you don’t document the changes carefully, you may find yourself facing a lawsuit …

Solid reasons for firing protect against retaliation charges

06/01/2007

Nothing will land an employer in legal hot water faster than firing an employee who just made a discrimination complaint. At first glance, it will almost always look like retaliation. But that doesn’t mean your hands are tied …

If you don’t have a policy, you don’t have a defense

06/01/2007

If you don’t have a sexual harassment policy (or if no one pays attention to the one you have), watch out! You’ll have to pay compensatory damages if an employee can prove he or she was sexually harassed—and you also could pay punitive damages …

Act fast to remove supervisors who make racist comments

06/01/2007
Adopt a “zero tolerance” policy for managers or supervisors who make racist comments. Those caught making derogatory or discriminatory comments (à la Don Imus) should be promptly shut down. If you don’t fire or at least remove them immediately, their words may come back to hurt the company …

You can enforce a reasonable dress code

06/01/2007
Have your employees lost a sense of appropriate workplace attire? If so, remember that you can enforce a reasonable dress code. Just stay clear of banning religious dress that doesn’t pose a safety hazard—that might amount to religious discrimination. On the other hand, you don’t have to allow the same employee to sport the religious (and other) symbols of multiple faiths …

Train managers and supervisors: No humiliation allowed

06/01/2007

While some may think it’s all in good fun, no employee should be the butt of bad jokes or other potentially embarrassing and humiliating conduct. Once started, such behavior often takes on a life of its own. It then becomes difficult to stop …

Big ruling: Supreme Court limits scope of pay-discrimination lawsuits

05/29/2007

The U.S. Supreme Court handed employers a major victory this week by clarifying that workers who claim pay discrimination must file their complaints within 180 days of the alleged offense. But this ruling could, in the short run, lead to a spike in pay-bias claims.

Height and weight bias: A growing protected status?

05/22/2007

Lawmakers in Massachusetts are debating legislation that would make it the second state (after Michigan) to prohibit job discrimination based on a person’s height or weight. Passage of the bill in Massachusetts could spark interest in such laws in other states.