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North Carolina

Quick action key to preventing harassment lawsuits

01/03/2014
Here’s how to handle sexual har­­ass­­ment complaints: Investigate fast and fix any problems you find. Then don’t fear legitimate discipline afterwards.

Beware calling older employee ‘old man’

01/03/2014
Include ageism in your discrimination and hostile work environment training. And for goodness sake, remind bosses not to refer to older workers as “old man” or “old woman.”

Government employers: Section 1983 may mean liability for sexual orientation bias

01/03/2014
While Congress has not yet passed an amendment to Title VII of the Civil Rights Act that outlaws employment discrimination based on sexual orientation, public employers are increasingly being sued under Section 1983, which prohibits government from denying citizens their constitutional rights to equal protection of the law.

Adding an arbitration agreement? Make it retroactive

01/03/2014
Are you considering adding an arbitration agreement to your terms and conditions of employment? If you do, make sure the contract includes a retroactive clause that makes arbitration the remedy for past complaints, too.

North Carolina law allows honest answers to reference requests

01/03/2014
Employers often worry when they respond to requests for an em­­ployee reference. They assume if they aren’t upbeat and positive, they may end up liable if the employee doesn’t get the job. Fortunately, that’s seldom a worry if you are honest, aren’t out to “get” the employee and never volunteer any information without first being asked.

Accommodation failing? Focus on performance

12/13/2013
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But what should you do if you have made accommodations and they don’t seem to be working?

Same misconduct warrants same punishment

12/13/2013
You might assume that firing an employee for breaking a safety rule would be “safe” from judicial criticism. But if you don’t punish all workers equally for violating the same rule, you may run into trouble if the employee can show that others outside his protected class weren’t punished as severely.

Top 10: The basic rules every HR pro must follow

11/26/2013
While lawsuits may be practically inevitable in today’s litigious society, losing them is not. Ten rules to follow:

Cary salesman’s last-ditch affidavit saves age bias case

11/26/2013
A former car salesman who claimed a Cary dealership fired him because it felt selling cars was a “young man’s game” appears to have plucked victory from the jaws of legal defeat.

Warren County schools agree to settle USERRA suit

11/26/2013
The Warren County Board of Edu­­ca­­tion has settled a USERRA complaint with the U.S. Department of Justice. The case involved an assistant principal at Warren County High School who is also a sergeant in the Army Reserve.