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North Carolina

Suggesting ways to improve isn’t discrimination

09/10/2012
Some employees are hypersensitive to any criticism, even if it is constructive. That won’t turn a weak discrimination lawsuit into a winner. For example, if the employee receives a largely positive performance review that lists some areas in need of improvement, chances are the court will toss the case fast.

Payroll records: Know exempt, nonexempt timekeeping requirements

08/28/2012
Employers subject to the Fair Labor Standards Act must keep rec­­ords for both nonexempt and exempt employees. The regulations don’t say which types of record-keeping or time­­keeping methods you should use, but they do specify the necessary data you need to maintain on all employees. Here’s the guidance you need to stay in compliance.

Outer Banks hotel sued for Christmas Eve firing

08/28/2012
The Comfort Inn Oceanfront South in Nags Head has been charged with religious discrimination after it fired a woman who says her religion forbade her from working on Christmas Eve 2010.

Suit claims religious group discriminates against women

08/28/2012
Asheville Buncombe Community Chris­­tian Ministry is being sued by the South­­ern Pov­­erty Law Center (SPLC), which claims the ministry illegally refuses to provide some kinds of training to women.

Forsyth sheriff defends firing in motorcycle raffle kerfuffle

08/28/2012
Forsyth County Sheriff Bill Schatz­­man has denied any wrongdoing in the firing of Sgt. Michael T. Russell, an Iraq War veteran. Schatzman claims he fired Russell for “disloyalty.” Russell calls it retaliation.

Lenoir company folded–but must still pay bias settlement

08/28/2012
The management team behind what’s left of Lenoir-based Caldwell Freight Lines just learned a harsh lesson: The EEOC will come after you even if you are no longer in business.

Double-check: Do employees know how to report bias?

08/28/2012
Before federal employees can file a discrimination complaint, they must first talk to their agency’s EEO officer and formally complain within 45 days. There’s no excuse for not following that rule, as long as training materials address the requirement and bulletin boards include the notice.

EEOC dragging its feet? Seek lawsuit dismissal if delay hurts your ability to defend yourself

08/28/2012

If the EEOC takes too long to investigate a case and initiate a lawsuit, a court may toss it out. Although technically the EEOC has unlimited time to sue, as a ­practical matter employers can get cases dismissed if they can show undue delay and that the delay hurt their ability to come up with a defense.

Sexual harassment within HR demands alternative reporting system

08/28/2012
No department is immune from sexual harassment—not even HR. And when someone in HR is implicated, that’s a big problem.

Goodyear settles suit alleging disability bias in Fayetteville

08/28/2012
Goodyear Tire & Rubber Co. has paid $20,000 to a former employee at its factory in Fayetteville who claims she was fired because of a medical condition.