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North Carolina

When hiring, never mention age–to anyone

01/28/2011

Many employers have lost failure-to-hire cases alleging age discrimination because a manager involved in the hiring process mentioned age at some point during the process. The comment need not even be made to the job applicant’s face. Anything age-related said to a co-worker is fair game in court, too.

Emotional distress suits: Court says employers can access medical records going back 2 years

01/07/2011
Employers have a right to defend themselves if an employee sues them for discriminating in a way that inflicts emotional distress. Now a court has agreed that employers are entitled to see medical records dating back two years from the time of the alleged discrimination that the employee says triggered the emotional distress.

Tuscarora Yarns pays to get untangled from suit

12/22/2010
Tuscarora Yarns, based in Mount Pleasant, has agreed to settle an EEOC lawsuit filed on behalf of a former employee who says she lost her job after accusing a plant manager in Oakboro of sexual harassment.

Former Wachovia controller files whistle-blower suit

12/22/2010
A former commercial real estate finance executive with Charlotte-based Wachovia Capital Markets has sued the company, claiming he was fired for questioning the bank’s risk-management procedures.

Protect your good reputation–it makes suing more difficult

12/22/2010
Here’s one good reason to protect your reputation as an employer that doesn’t discriminate: It raises the lawsuit bar. Applicants actually have to try for a job before suing.

Employee wants transfer to avoid harassment? Be sure to note that she requested it

12/22/2010

Here’s a tip that can save you from a nasty retaliation lawsuit following the transfer of an employee who has claimed sexual harassment. If she’s the one requesting the move, be sure to document that request very carefully. She may later claim that the transfer was retaliation for complaining.

When worried about religious accommodation, keep lines of communication open

12/22/2010
Employers are supposed to accommodate all religions and their practices when reasonable. If you don’t train managers to handle accommodation requests with dignity, you may find yourself facing a religious discrimination lawsuit.

When worker claims bias or harassment: document, investigate and communicate

12/22/2010

Smart employers respond to every harassment and discrimination complaint and follow up even if they believe there was nothing to the complaint. But some employers ignore this simple advice and choose to blow off employee complaints instead of logging them, investigating and making a determination about what happened. That’s a huge mistake.

Impossible employee? FMLA rules still apply

12/22/2010

It can be tempting to ignore an employee who is impossible to reason with. That’s a bad idea, especially if any of his infuriating behavior involves a request for FMLA leave. If you ignore your obligations, you’ll probably end up in court.

Remind bosses: Reference check calls go to HR

12/22/2010
If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. That’s why the best practice is to refer all calls for reference checks to HR. Then, only provide the most basic information.