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Discrimination / Harassment

Hiding behind staffing agency won’t protect you; temps can sue, too

02/01/2005
Don’t treat temporary workers like second-class citizens when it comes to complying with employment laws. Contrary to popular belief, your organization isn’t protected from job-discrimination lawsuits simply because the workers affected …

Focus on concrete qualifications in hiring, not esoteric ‘chemistry’

02/01/2005
Employers “hire for fit” all the time. But sometimes, a fine line exists between basing decisions on job-related qualifications and the employer’s “gut feelings” about the applicant. The problem: That gut …

New rules make 401(k) plans easier to administer

02/01/2005
Your organization’s 401(k) plan should be a bit less complicated to administer in the coming years, thanks to new Treasury Department regulations.
The new rules, the first major revision of …

Overrelying on employee referrals? Beware of the legal risks

02/01/2005
Employee-referral programs have become one of the most successful and least expensive recruiting strategies. But even with their popularity, employee-referral programs can be double-edged swords.
Relying too much on employee …

No need to accommodate those who want to work overtime

01/01/2005
You’re required to reasonably accommodate employees when their religious practices conflict with their job requirements. But what if an employee asks for an accommodation just so he can work overtime? Must …

Probe all complaints; even positive review can trigger retaliation claim

01/01/2005
Can supervisors be guilty of retaliation if they give a mostly positive performance review? Yes, it’s possible.
As the following case shows, if an employee views any part of her …

‘Equal-opportunity harasser’ defense may not save you in court

01/01/2005
You may think that if an employee subjects both male and female co-workers to the same offensive conduct, employees of neither sex can file a sexual-harassment lawsuit.
In past cases, …

Abercrombie settlement: a lesson in hiring for ‘looks’

01/01/2005
In what the Equal Employment Opportunity Commission (EEOC) labels a “landmark” settlement, retailer Abercrombie & Fitch is shelling out nearly $50 million to settle three employment discrimination suits …

Can you hire for ‘looks?’ Abercrombie case offers a lesson

01/01/2005
Issue: Whether a marketing strategy can, or should, dictate your organization’s hiring practice.
Risk: Any hiring strategy that appears to discriminate against a protected class is fair game for EEOC …

Be consistent when bending policies to suit elder care needs

01/01/2005
Issue: Most organizations lack formal elder care benefits or policies. Instead, they assist employees by making exceptions to other policies.
Risk: Unless you apply those exceptions fairly, you’ll risk complaints …