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Louisiana

Fire offender to decouple discrimination, employment action

10/01/2007

Remind upper-level managers: When a supervisor or mid-level manager makes comments that could be construed as racist or religiously motivated, it pays to act fast. In fact, firing the responsible manager sometimes can be the best way to go. That way, if the employee he disparaged later gets turned down for a promotion or a raise, it will be much harder for an attorney to show a connection between the supervisor’s biased views and the denied opportunity …

Do you destroy hiring documents? Track process anyway

09/01/2007

Nothing generates paper like the hiring process, especially if it involves multiple interviews and committee meetings. What do you do with all that paper? If you destroy it, be prepared to show you do so routinely. Otherwise, a jury or judge may view the destruction as evidence you have something to hide …

One mistake won’t sink fluctuating workweek election

09/01/2007

Employers that use the Fair Labor Standards Act’s fluctuating workweek method to calculate pay should take heart!  Making one innocent deduction mistake doesn’t mean you can never use the method again …

Catch reverse discrimination before it becomes federal case

09/01/2007

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late …

EEOC ruled against you? Don’t simply settle

09/01/2007

In EEOC hearings, employers get a chance to defend their actions, and the agency often concludes that the employer did no wrong. But what about instances when the agency sides with the employee? Should you immediately accept defeat and settle the case? Not if you’re settling because you’re worried that the EEOC decision might become part of a federal lawsuit …

Transparent process best defense against hiring lawsuits

08/01/2007

The success of your organization depends on hiring the right people. You spend a lot of time and effort determining the company’s needs and designing job descriptions that meet those needs. Don’t let a potential discrimination lawsuit ruin all that hard work. Instead, make the hiring process as transparent as possible …

Not all absences are equal; punishment needn’t be either

08/01/2007

You know you can’t go easy on one person for attendance problems and come down hard on another for the same offense—especially if he or she belongs to a protected class. But, as the following case shows, courts will conclude a discipline process wasn’t discriminatory if you can show that tardiness or absenteeism affected important work goals, such as productivity …

Track pay raises as defense to retaliation claims

08/01/2007

Sometimes, employees who have complained about real or imagined discrimination look for evidence that they’re being punished for complaining. Then, when something happens at work that may be completely unrelated to the complaint (e.g., a missed raise because of budget constraints or job cuts due to business cycles), they cry retaliation. Your best protection is to keep detailed records of all pay increases and merit payments …

Mere psychiatric diagnosis does not a disability make

08/01/2007

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability …

Beware any change in working conditions after complaint

08/01/2007

When an employee claims discrimination, HR should make sure that employee isn’t retaliated against. But retaliation is more than lost promotions, discharge or demotions. Retaliation can be any employer-initiated action that would deter a reasonable person from complaining. That’s why it’s crucial for HR to let supervisors and managers know they shouldn’t change anything about the employee’s working conditions without HR approval …