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Employment Law

Justify decisions to thwart retaliation bait & switch

04/14/2008
One of the most popular litigation tactics these days starts with an employee filing a discrimination complaint. Then the employee—and her attorneys—sit back and wait to see what happens. If the employer somehow punishes the employee, the attorneys add a second count to the lawsuit: retaliation …

Pressure to ‘Balance’ staff may show reverse discrimination

04/14/2008
Are you under pressure to make your work force better reflect the racial or ethnic composition of the surrounding community? If so, be aware that manipulating hiring or promotions to achieve that goal at the expense of any particular race may mean a reverse discrimination lawsuit …

Punish offenders to set example that prevents harassment

04/14/2008
When you learn that a supervisor has sexually harassed and punished—or threatened to punish—a subordinate to gain cooperation or for rejecting an advance, send a strong message to all managers and supervisors. Promptly fire the harasser or demote him—or her—out of a supervisory position. Then reinstate the harassed employee …

Are you ready to explain each and every promotion decision?

04/14/2008
Lawsuits sometimes seem to come out of nowhere. While you can reduce your risk through prevention, you can’t eliminate it entirely. That’s why you need a backup strategy. For failure-to-promote lawsuits, that strategy should involve being ready to explain each and every promotion decision with solid business reasons …

Remind managers and supervisors: No snide comments on disability allowed

04/14/2008
It takes just one unkind comment about an employee’s alleged disability to send an ADA case to trial. What’s more, even if the employee couldn’t otherwise prove she’s disabled, a malicious comment may be enough to convince the court that the employer regarded the employee as disabled. That’s an ADA violation all by itself …

House passes bill allowing guns in workplace parking lots

04/14/2008
The Florida House of Representatives passed a bill prohibiting employers from banning guns from their properties. HB 503 guarantees employees the right to keep legally owned guns locked inside their cars as long as they have permits to carry concealed weapons …

HSN hit with discrimination suit

04/14/2008
A former employee of St. Petersburg-based Home Shopping Network (HSN) has filed suit against the company, alleging race discrimination. Armanda Vernon claims HSN passed her over repeatedly for promotions because she is black …

Get ahead of the curve by offering anti-Gay bias training

04/14/2008
Even though Florida’s Civil Rights Act does not outlaw sexual orientation bias, employers must still comply with local ordinances that do. And employers also should prepare to comply with potential changes in federal laws. Incorporating anti-gay bias training into your regular anti-discrimination training carries a number of benefits …

Watch what you say during termination deliberation

04/10/2008
Words are easy to misconstrue. Depending on who’s listening, the same sentence could mean at least two different things. This is one of the things that keeps lawyers employed. It’s also the reason it’s crucial to prepare accurate notes about any meeting in which managers are discussing whether to terminate …

Feel free to expand candidate search even if your policy favors hiring from within

04/10/2008
If, like many companies, you have a policy that encourages promotion from within, you may hesitate to look outside for additional candidates. Fear of a lawsuit might make you especially reluctant if one of the few internal candidates belongs to a protected class. As the following case shows, those fears are unfounded …