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Discrimination / Harassment

Jobs Need to be ‘Substantially Equal,’ Not Identical, to Demand Same Pay

05/01/2006

Some employers wrongly believe that they’re not vulnerable to a federal Equal Pay Act claim when the two jobs in question aren’t identical. But female employees don’t need to meet such a high standard to bring their equal-pay claim to court …

Harassment Investigations Must Be ‘Fundamentally Fair’ to the Accused

05/01/2006

When a sexual harassment accusation arises, employers often move into crisis mode. But don’t try to push the problem off your plate by quickly jettisoning the employee via a kangaroo court …

Loss of supporting documents needn’t sink your defense

05/01/2006

What’s a smart HR professional to do when his or her employer is sued and the records you thought would back up management are gone? You can still save the day by locating different electronic or paper correspondence that supports your decisions …

Learn hotel’s lesson: Don’t require English at all times

05/01/2006

If you have a good business reason, you can require employees to speak English on the job. But don’t go overboard. As a New York City hotel just found out, requiring English be spoken at all times, even in the employee breakroom, can spark an EEOC national-origin claim …

Religious accommodations: Know when to say ‘Yes’ or ‘No’

05/01/2006

Employers need to keep their eye on a growing trend: a groundswell of support for more freedom to practice religion in the workplace. And support for the movement is coming from some unexpected quarters: the U.S. Supreme Court and a bipartisan coalition of U.S. senators …

EEO-1 compliance: Prepare to comply with the new EEO-1

05/01/2006

In an effort to monitor employment of minorities and females in the work force, the U.S. Equal Employment Opportunity Commission (EEOC) requires certain employers to complete and file an Employer Information Report, commonly called an EEO-1 report, by Sept. 30 each year …

Biggest Investigation Error: Skipping the Follow-Up Phase

05/01/2006

Too many HR people close the book on harassment investigations too early. By failing to check if harassment has flared up again, you open the organization to further liability …

Heed the Legal Risks of Employee Weight-Loss Programs

05/01/2006

Forcing your well-meaning health-improvement plan could backfire. Discrimination and privacy issues could derail your goal. Immunize your program against potential legal ills using these five tips …

4 employment law lessons from the courts

05/01/2006
Supervisors can learn a lot from others’ mistakes, particularly when it comes to employment law issues. Here are four recent court decisions that provide lessons on how supervisors can keep their organizations (and themselves) out of legal hot water.

Do you need a music policy for the ‘iPod generation’?

05/01/2006

The advent of MP3 players, satellite radio and Internet-based music makes it easy to rock and roll at work. Such distractions can reduce employee productivity and even create create legal risks. Establish a music/noise policy before it becomes a problem …