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Indiana

Faced with allegations boss is biased, investigate ASAP and fire if necessary

10/31/2011
Sometimes an employee who complains that his supervisor is biased is absolutely right. If it turns out that a worker’s accusation of discrimination is true, don’t hesitate to fire the supervisor and move on.

Be alert for retaliation suit if manager reports that a colleague discriminates or harasses

10/18/2011

It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.

Even stupid remark won’t sink legitimate discharge case

10/03/2011
Supervisors sometimes say incredibly dumb things. But those remarks won’t necessarily create liability—if you have carefully documented employee performance.

Worker, boss broke same rule? Punish them equally

09/21/2011
Here’s a case that shows how not to handle a discharge based on alleged wrongdoing on the part of a super­visor and his subordinate.

Equality also applies to return-to-work situations

09/21/2011
Equal treatment is the rule when dealing with similarly situated employees who quit and then try to return to work, as the following case shows.

When employee has pregnancy complications, be prepared to consider ADA accommodations

09/21/2011
Pregnant employees have partial protection against discrimination under several state and federal laws, including the Pregnancy Dis­crimi­na­tion Act, Title VII’s sex discrimination provision and the FMLA. But you may not realize that a pregnant employee may also be covered by the ADA.

Remind supervisors: Constructive criticism is expected–not an excuse for employees to sue

09/02/2011

Some employees are overly sensitive. They may perceive punishment or discrimination in something the boss considers merely constructive criticism. Tell supervisors: Don’t shrink from offering criticism, even in the case of a high performer who otherwise has earned a good evaluation.

What not to say: ‘Playing the race card’

08/11/2011

Some comments spell nothing but trouble. That’s why you should ban them from the workplace, at least when spoken by anyone holding a super­visory role. One of the most inflammatory statements: the all-too-common “playing the race card.”

Discipline after testimony can be retaliation

07/22/2011
Reacting angrily to employee litigation can backfire. Filing a lawsuit is a protected activity, and sudden discipline following legal action is dangerous.

Back up consistent discipline system with documentation, review of high-stakes cases

07/22/2011
You can take steps to ensure that most employee lawsuits will fail, especially when it comes to discipline. The key is to make sure similar misconduct yields similar punishment, regardless of the employee’s race, sex, age or other protected characteristic. It’s also critical for HR to track discipline carefully.