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Discrimination / Harassment

New law may help save money when settling lawsuits

12/01/2004
A little-noticed piece of a new tax law allows victorious plaintiffs in discrimination cases to take a full tax deduction for their attorney’s fees and court costs. Until now, for example, …

Bilingual bias: Don’t overwork staff who speak multiple languages

11/01/2004
You’re free to assign employees based on their foreign-language ability. For example, you can assign bilingual Spanish-speaking employees to serve customers who
speak Spanish.
But remind managers not to …

Retaliatory job reference is illegal even if a person’s hiring was unlikely

11/01/2004
When you provide references about former employees, keep quiet about whether the ex-employee had sued the company in the past. And train managers to do the same. Spilling the beans about …

Protecting workers from harassment isn’t a ‘one and done’ deal

11/01/2004
Your best defense against a hostile environment claim is proof that you took quick and effective steps to stop the hostility. But courts won’t look kindly on your efforts if you …

Warn managers: Avoid assumptions about pregnant employees’ limits

11/01/2004
The Pregnancy Discrimination Act (PDA) says you can’t fire, demote or discipline a pregnant employee simply because of her condition. Take that one step further by reminding supervisors that they also …

EEOC starts cracking down on teen-employee harassment

11/01/2004
Now’s a good time to make sure your organization is complying with child labor laws and doing all it can to
prevent harassment against young employees.
Why? With sexual …

Job descriptions: Craft with precision to avoid bias risk

11/01/2004
THE LAW. While no federal law re-quires your organization to write job descriptions for each employee, it’s a wise legal move that most employers follow. When drafting job descriptions …

Include indemnity statement in temp agency contracts

11/01/2004

Q. We’re a surveying company and often use temporary workers on big projects. We recently rejected a candidate sent by the temp agency. Now, the candidate is threatening to sue, saying we discriminated against her because of her accent. Can she sue us even though she was employed by the temp agency, not by us? —M.L., Maryland

Skeptical of ‘Spouse’ on benefit plan? Ask for proof

11/01/2004

Q. A few of our employees have added their spouses to our health benefits plan. We’ve heard through the grapevine that some of these “couples” aren’t actually married. Can we check on this without being discriminatory? —L.C., Illinois

‘Creative workplace’ defense won’t beat harassment suit

11/01/2004
Issue: A court ruling said sitcom writers have a “creative necessity” to engage in overtly sexual banter.
Risk: While the TV network was allowed to use this defense in a …