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Discrimination / Harassment

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?" …

Make sure your physical tests gauge realistic demands of the job

02/01/2006

Any tests you use to screen applicants should relate to the job, and you must be prepared to prove that they do. If you can’t and a protected group of workers (e.g., women, minorities) tend to score poorly, you’re just asking for a lawsuit …

Pregnancy is no joking matter; ‘Prego’ is akin to a racial slur

02/01/2006

If your supervisors think little jokes about pregnancy and childbirth are nothing but harmless banter, set them straight. Use the following case to remind them that singling out pregnant employees is legally dangerous …

Beware false promises in handbooks; explain ‘what,’ not ‘why’

02/01/2006

Just the facts, ma’am. Your employee handbooks should clearly state your organization’s rules and benefits without including any excess or superfluous language. If you embellish the document with needless explanations, you may end up eating your words …

Hiring licensed applicants? Check for violations that revoke the license

02/01/2006

When hiring people who need to possess certain licenses, make sure you do more than just check that the applicant holds the license. Your application process should include a background check into any violations that could lead to a license revocation …