Some former employees who sue over alleged discrimination try to discredit their employers’ explanations for discharge. Even so, employers have a great deal of flexibility about how they explain the reason an employee was fired.
Employees or applicants who want to sue an employer for discrimination generally have to file a complaint with the EEOC or the equivalent state administrative agency within 300 days of the alleged discrimination. Otherwise, they lose the right to do so.
Scrub applications and résumés of information that may reveal identifying personal characteristics. That way, hiring managers or screening committees won’t initially know details that might lead to claims of discrimination.
The 8th Circuit Court of Appeals has ruled that a state’s employment laws barring discharge for whistleblowing isn’t preempted by the Airline Deregulation Act.
When harassment isn’t obvious in the workplace, the worker who later claims to have been harassed has an obligation to at least complain and tell the aggressor his behavior is unwelcome. Make sure you warn supervisors to guard against such attitudes.
It’s not unusual for former employees or their prospective employers to ask for copies of personnel records. Make sure you follow a consistent policy that regulates how, when and to whom such records may be released.
Employers generally don’t have to tolerate racially hostile or otherwise offensive language at work. But under some circumstances, you may not be able to discipline a worker’s behavior if it occurred on a picket line.
Be sure to document the reason why you treat some employees differently than others. For example, if employees can’t take leave until they have completed a probationary period, clearly explain that in your handbook.
The 8th Circuit Court of Appeals, which has jurisdiction over Minnesota employers, has revived a lawsuit against a union for allegedly violating a state disability discrimination law.
