• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

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 …

Accommodate religious requests; don’t argue ‘sincerity’ of beliefs

10/01/2004
Federal anti-discrimination law says you must offer reasonable accommodations to employees’ “sincerely held religious beliefs or practices,” as long as the accommodation wouldn’t place an undue hardship on your organization. But …

Keep an open mind in investigations; juries will punish ‘kangaroo courts’

10/01/2004
Keep an open mind in investigations;
juries will punish ‘kangaroo courts’
When investigating a sexual harassment complaint, don’t rush to judgment, and don’t allow supervisors to sidestep any steps …

Severance pacts can’t ask employees to waive their rights to EEOC claim

10/01/2004
Make sure your severance agreements don’t require employees to waive their rights to file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC).
Why? As opposed to a …

Supreme Court starts new term; age-bias case tops slim HR agenda

10/01/2004
The U.S. Supreme Court opens its new session Oct. 4, but so far, employment issues are taking a back seat to cases ranging from juvenile executions to wine trading. Expect the …

Beware growing risk of minorities’ sex harassment claims

10/01/2004
Heads up: African-American, Asian and Hispanic women are more likely to file sexual harassment charges than in the past, according to a National Partnership for Women & Families study of data …

What do you do when the big boss is a harasser?

10/01/2004
Issue: How to handle harassing behavior by your organization’s top dogs. Risk: Going easy on them will come back to haunt you; courts hold higher-ups to a higher standard than …

Review insurance policies for legally dangerous exclusions

10/01/2004
Issue: A poorly worded insurance policy can spark age discrimination lawsuits. Risk: If your policy excludes members of a protected class (age, race, gender, etc.)…