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Discrimination / Harassment

Accommodate religious requests; don’t debate ‘sincerity’

01/01/2005
Issue: Accommodating employees’ religious beliefs and practices even though you question their legitimacy.
Risk: You’ll waste time (and potentially spark a lawsuit) by challenging a person’s religious sincerity.
Action: …

Insist on fluent English only if job requires it

12/01/2004
It’s clear that you can require bank tellers and phone salespeople to speak fluent English. But can you make the same demand of a construction worker or dishwasher?
In many …

Take harassment training seriously; more states mandate it

12/01/2004
Smart organizations have hosted sexual-harassment training for years. But now that California has joined the list of states that mandate such training, your state may be next.
The California law …

It’s now less costly to settle job-discrimination claims

12/01/2004
A little-noticed provision in the new tax law will benefit employers who are looking to settle discrimination lawsuits for the lowest possible amount.
Victorious plaintiffs in discrimination cases can now …

Rehiring ex-employees? Be wary of hidden legal risks

12/01/2004
Issue: Many organizations rebounding from the economic slump are rehiring former employees.
Risk: You face special legal dangers when bringing back people who were laid off, fired or quit on …

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 …