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Discrimination / Harassment

Independent investigations are key to making decisions stick and avoiding retaliation claims

05/01/2007

Employees who file EEOC or internal complaints charging discrimination often behave as if their complaint is a job guarantee. Approach them about performance problems, and they immediately cry “retaliation.” But you can’t allow your workplace practices to be held hostage if you have legitimate concerns about performance …

Cutting an employee’s pay is perfectly legal, but first review his potential for a bias lawsuit

05/01/2007

Employers can cut an employee’s compensation at any time for any nondiscriminatory reason, as long as the person isn’t covered by a union contract or other agreement …

Sex and race harassment verdict sends Jocks & Jills into a tumble

05/01/2007

Jocks & Jills, Atlanta’s popular sports bar, has filed for Chapter 11 bankruptcy following a recent $2 million verdict for sexual and racial harassment …

Lame excuses for rejecting candidates can land you in court

05/01/2007

Say the wrong thing during the hiring process, and you’ve got a lawsuit on your hands. Here are three tips to help keep supervisors’ feet out of their mouths …

Discovered new hire’s litigious background? Don’t retaliate

05/01/2007

Hired a dud who, you just found out, has a history of crying discrimination? Make sure you have solid, business-related reasons for any discipline you take. Here’s why …

Prepare to show solid business reasons for English-Only policies

05/01/2007

The EEOC has recently stepped up efforts to combat national-origin discrimination. Because the agency had concluded that speaking another primary language such as Spanish may disadvantage some employees, it’s pushing for a tight limit to when employers can enforce so-called English-only rules …

After employee files a complaint, follow up to check for retaliation

05/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

No hire/Fire responsibility? No matter. Employee can sue you personally for job bias

05/01/2007

Watch out! If you are involved—even in a small way—in any activity that leads to a discrimination claim, you may be personally liable …

Court: Sued employer can ask about some immigration matters

05/01/2007

When the EEOC sued First Wireless Group over allegations that it fired Hispanic employees who questioned pay disparities, the company got aggressive …

Want a script that will land you in court every time?

05/01/2007

Try this one: A New York City school psychologist who suffered from asthma and migraines approached an incoming principal about continuing his accommodations, which included an air-conditioned office. The principal allegedly replied, “If you require an accommodation, you should get yourself a job that doesn’t require an accommodation” …