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Discrimination / Harassment

Baseless claims won’t trigger anti-retaliation protection

05/01/2004
While it may be tempting, avoid firing employees in reaction to their in-house complaints or lawsuits, even if you think the charges are without merit. Reason: A jury will likely see …

Return pregnant employee to equivalent job

05/01/2004

Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position? —J.B., North Carolina

Can you ban males from ‘female-focused’ jobs?

05/01/2004
Issue: Some employers want to create male-only or female-only positions, often for privacy reasons.
Risk: You risk a discrimination lawsuit if this policy doesn’t have a sound business reason …

Handle soon-to-retire employees with care

05/01/2004
Issue: If an employee has one foot out the door, can you push the other foot out, too?
Risk: “Retiring” an employee before he’s ready can open the organization to …

Even ‘Optional’ company events carry risks

05/01/2004

Q. Awhile back you suggested that we provide transportation home for employees who suffer an illness that could be work-related. Would that apply to company parties for which employees’ attendance is voluntary? —C.K, Illinois

Job openings: No duty to notify employees on leave

05/01/2004

Q. One of our employees is on leave after giving birth. She may qualify for a position that recently opened up. Do we have an obligation to notify her of that opening? —R.D., Ohio

Steer the interview back on track if applicant strays

05/01/2004
You know that certain questions are off-limits in a job interview. Just one wrong query, say about a candidate’s marital status or ethnicity, could run afoul of federal sex, age, race, religious, disability or national origin discrimination laws. But what do you do when a candidate volunteers such personal information?

Review wording of job ads for traces of bias

05/01/2004
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Don’t ‘retire’ someone before he’s ready

04/01/2004
Just because an older employee is preparing to retire, it doesn’t give your organization the right to push him out the door.
The federal Age Discrimination in Employment Act (ADEA), …

Workers can file EEOC claims, even if covered by arbitration pact

04/01/2004
Don’t ask employees to sign away their rights, as part of a settlement agreement or lawsuit waiver, to file a discrimination claim with the U.S. Equal Employment Opportunity Commis-sion (EEOC) or …