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Discrimination / Harassment

Prepare to justify answers with solid business reasons

11/01/2006

While many employees view a transfer to a different location as a positive career move, others don’t see it that way. Some employees may assume discrimination in what your organization thinks of as normal career development …

Survive a PHRC probe only with precise documentation

11/01/2006

Conventional wisdom holds that employers won’t face strict scrutiny if they fire employees who aren’t meeting performance expectations during their probationary period. Conventional wisdom is wrong, at least when it comes to the Pennsylvania Human Relations Commission …

EEOC pursues full day of rest as a religious accommodation

11/01/2006

The EEOC filed a religious discrimination lawsuit last month against the Aldi supermarket chain after the two parties failed to reach a settlement …

PNC’s policies for mothers earn a mix of praise and scorn

11/01/2006

Pittsburgh-based PNC Financial Services Group was cited twice last month: First by Working Mother magazine as one of the top 100 places for women to work, and then by the EEOC as a place where pregnancy discrimination is rife …

N.J. supervisors can be held personally liable for job bias

11/01/2006

Want to scare your organization’s supervisors into complying with your employment policies? Point out that, under New Jersey law, they can be sued personally for their discriminatory actions. That means one on-the-job misstep can cost managers their homes, savings accounts and other personal assets to satisfy a court judgment …

You can fire managers who ignore harassment complaints

11/01/2006

The best harassment policy in the world isn’t worth the paper it’s written on if employees don’t take it seriously. To show your policy has teeth, you have to let it bite …

Check workers’ EEOC, PHRC claims for errors

11/01/2006

If you receive an EEOC or PHRC complaint, don’t jump the gun to answer the charges. Carefully inspect the documents. If you don’t question obvious problems now, such as lack of a verified signature, you lose the right to raise that issue later …

Lesson From Tiffany’s Lawsuit: Don’t Ban On-Site Breast-Feeding

11/01/2006

New Jersey employers can’t interfere with employees or customers who breast-feed their children in public, as Tiffany and Co. learned the hard way …

Ethnic name isn’t a ‘Head-Start’ to bias claim

11/01/2006

Employees whose names people associate with a particular religion, origin or ethnicity can’t automatically claim that their name led to discrimination. If that were the case, anyone with such a name would have a leg up on other employees in every discrimination case …

Race-Based assignment isn’t always discrimination

11/01/2006

It’s typically not wise to assign employees to working groups based on race, sex or any other protected characteristic. But you won’t always be liable for discrimination in such cases. Just make sure you have a valid business-based reason for doing so, and then apply that policy consistently to affected employees …