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Discrimination / Harassment

Bias complaints can be ‘Filed’ after 180 days

09/01/2006

If you’re like most employers, you breathe a little easier when 180 days have passed since you discharged an employee. You know that’s how long fired workers have to file a complaint with either the EEOC or the Texas Workforce Commission if they are bringing a claim under the Texas Labor Code …

Prepare unified defense; ruling may spark more state suits

09/01/2006

Because of a quirk in Pennsylvania law, employers may soon see an uptick in state-based employment lawsuits. Reason: A federal court clarified that all state employment claims must be filed within the appropriate state statute of limitations (one year, for example, on defamation cases). Employees can’t wait to file a state claim until the EEOC or the Pennsylvania Human Relations Commission completes its investigation, the court said …

Firing ‘Worst of the best’ isn’t age discrimination

09/01/2006

If economic conditions force you to downsize, be prepared for lawsuits. That’s especially true if no employees stand out as obvious poor performers who should be canned. In such cases, articulate that you have no choice but to fire "the worst of the best" …

Cut Out the Age Jokes; Employees Aren’t ‘Antiques’

09/01/2006

Workplace humor is fine until it drifts into the realm of gags about employees’ gender, race or religion. Even age-based jokes can trigger lawsuits. Although few employees will win age-discrimination lawsuits based on a joke or two, such juvenile behavior can take an otherwise marginal case and give it legal legs …

Settling PHRC cases early makes financial sense

09/01/2006

When facing a discrimination claim filed with the Pennsylvania Human Relations Commission, it makes sense for employers to try to settle as early as possible, before the agency holds hearings and files an opinion …

State Pays Out Nearly $4 Million After Firing at-Will Employee

09/01/2006

If you’ve ever wondered how much it costs an employer to defend a discrimination lawsuit, a Pennsylvania case may provide the answer …

EEOC settles race case over training discrimination

09/01/2006

The EEOC and Jameson Memorial Hospital settled a federal lawsuit that was originally filed last February. The New Castle hospital will pay $50,000 to an African-American radiology technician who claimed the hospital denied him training opportunities because of his race …

Understanding religious accommodations in Pennsylvania workplaces

09/01/2006

Pennsylvania mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request "prayer breaks." Religious diversity is a reason for celebration in a pluralistic society, but it also presents challenges in the workplace …

Don’t fear shifting to ‘Get-Tough’ reviews, but be consistent

09/01/2006

When new management or HR leaders arrive at a company, they may realize that the old guard failed to hold employees to high productivity goals. As a result, they may shift gears and set tougher standards. Employees accustomed to the status quo and the good evaluations may be taken by surprise and suspect discrimination …

Résumé-Screening software: legal risks and precautions

09/01/2006

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants’ race, religion, gender and national origin, they likely can’t create a disparate-treatment case. However, such programs can still have a disparate impact on minorities …