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Discrimination / Harassment

Firing a troublemaker? Focus on concrete business reasons

03/01/2007

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform …

Good records are key to winning retaliation lawsuits

03/01/2007

When it comes to discharging employees, it’s very important to document your decision-making process. Be prepared to show that you followed company disciplinary rules and applied them even-handedly …

HIV-Positive trucker settles discrimination case

03/01/2007

A truck driver who is HIV-positive has settled an employment lawsuit against his former employer, E.C. Trading Ltd. He claimed the company cut his hours and then fired him after it learned about his HIV status …

Jury awards $150,000 to worker in Tarrant County retaliation case

03/01/2007

A Tarrant County jury has awarded more than $150,000 in damages to a former animal control officer who sued the city of Burleson for wrongful discharge …

Houston manufacturer settles bias lawsuit with 78 employees

03/01/2007

A federal district court judge in Texas recently approved a settlement to resolve allegations of national-origin discrimination against QuietFlex Manufacturing Co …

Can telecommuters file lawsuits in their home state?

03/01/2007

Before allowing employees to work from home or another remote location, consider the risk of making your organization liable under anti-discrimination laws in the state or city where that telecommuter lives …

Seek Written OK for Internal-Complaint Resolutions

03/01/2007

The aim of any good harassment policy is to stop problems before they turn into a litigation nightmare. Reaching a compromise early, even when you aren’t convinced anything illegal has happened, makes sense if that settlement doesn’t lead to a retaliation lawsuit later …

Before reorganization, draw up a staff contingency plan

03/01/2007

Are you planning to use an early-retirement incentive to help reduce the size of your work force? If so, it’s wise to prepare contingency plans for the remaining open positions and carefully document them …

Allow accusers to bypass supervisor to file complaints

03/01/2007

A sexual harassment policy is worthless unless it clues in those who really need to know what’s going on at the shop level. Don’t think you’re in the clear just because you have a policy and tell supervisors to stamp out harassment …

Keep references to past litigation out of employees’ personnel files

03/01/2007

A group of black and Hispanic police officers have accused the NYPD of harassment for noting in their personnel files that they were complainants in a discrimination suit. The notations could damage their careers, their attorney says …