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Discrimination / Harassment

Design smoker surcharges to cut costs, preserve morale

04/01/2006

More employers are increasing health premiums for smokers as a way to cut health costs. Such surcharges can trim costs, but implementation mistakes can alienate employees and hurt morale. Use the following tips to design smoker surcharges that reduce the most costs with the least employee backlash …

Basing pay on past salary alone may spark a legal claim

04/01/2006
Issue: Employers often set new hires’ wages, in part, based on salaries at previous jobs.
Risk: A new court ruling says you could run afoul of the Equal Pay Act …

Nonrenewal of Contract After Whistle-Blowing May Be Illegal

03/01/2006

Don’t assume that just because you hire people as independent contractors, you can’t be liable for wrongful termination if you don’t renew their contracts. As a new court ruling shows, if an employee blows the whistle about some potentially illegal activity at your workplace, you could trigger a retaliation lawsuit by failing to renew his or her contract …

Fighting a unionization effort: do’s and don’ts

03/01/2006

Union membership has fallen dramatically in recent decades, but the labor movement is far from dead. The biggest change: In 2005, the breakaway "Change to Win" movement seized control over one-third of the powerful AFL-CIO’s unions. Change to Win lured the unions away by promising to shift the focus from political activism to organizing as many U.S. employers as possible. Is your business next? …

Be wary of disciplining for false complaints

03/01/2006
Q. We have an employee who has filed several sexual harassment complaints. But when we investigate, they turn out to be false. Can we do something about her? —J.P., Oklahoma

Steer Clear of ‘Take It or Leave It’ Early-Retirement Offers

03/01/2006

If you plan to lay off employees, structure early-retirement offers carefully to avoid age-discrimination lawsuits. In particular, avoid making "take-it or leave-it" offers that force employees to choose between resigning with a severance package or being terminated …

6 common mistakes made during investigations, training

03/01/2006

Are your anti-harassment efforts legally bulletproof, or are they full of holes? Probably somewhere in between, if you’re like most employers. Here are six holes that need patching in many employers’ training and investigation practices …

Cutting hours is legal, but anticipate bias claims

03/01/2006

Q. Can we legally reduce the hours of full-time employees in one of our divisions because this division needs to cut overhead? —J.B., Massachusetts

Beware of a growing risk: harassment by customers

03/01/2006

Too many employers think harassment is a problem only when it’s an employee-on-employee thing. Recent court rulings prove that you can be held liable even when outsiders harass your employees. Taking action may cost you a customer, but courts say defending employees must come first …

EEOC Targeting Cases of Years-Old Discrimination

02/01/2006

Don’t think that an employee who quietly suffers name-calling for years can’t sue. Courts and the EEOC won’t be swayed by your argument that "he put up with it for 20 years, so how bad could it have been?" …