Discipline / Investigations

The New Kind of I-9 I.D. You Must Accept

08/18/2008

U.S.

employers must begin accepting the government’s new wallet-sized passport card—a portable alternative to the traditional passport book—as an acceptable document for completing Form I-9s, the U.S. Citizenship and Immigration Services has announced. Here’s what you need to know about this new form of I.D.

Breaks required—But forcing employees to take them isn’t

08/15/2008

In what may end up being a landmark decision, a California Court of Appeal has held that Golden State employers aren’t required to ensure employees actually take meal and rest breaks. Employers are in the clear as long as they permit breaks and do not prevent or discourage employees from taking them …

Draw the line between ‘tough talk’ and harassment

08/13/2008

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Tracking all discipline makes it easier to defend lawsuits

08/13/2008

Employees who are fired frequently sue, alleging some form of discrimination. A fired employee may say, for example, that she was treated differently than her male co-worker who allegedly committed the same workplace offense. Smart employers keep careful track of all disciplinary actions and use progressive disciplinary programs to differentiate among employees …

Prejudgment, blind faith by HR may prove costly

08/12/2008

How HR handles discrimination complaints can mean the difference between winning and losing lawsuits. The key lies in using good faith when checking out allegations of discrimination. Do not automatically assume that either party is correct. Keep an open mind and conduct an impartial investigation, giving everyone a chance to present his or her version of events …

Root out subtle but pervasive hostility—It’s harassment even if it’s not severe

08/12/2008

Tell your managers to take note: Allowing one or two employees to poison the workplace, even with low-level harassment, is dangerous. A constant barrage of racially tinged comments may warrant a jury trial if someone claims the workplace is a racially hostile environment. The charge: The harassment is pervasive, even if it is not severe …

Court rules employers must provide harassment-Free workplace

08/11/2008

Earlier this year, a federal jury in Florida awarded $630,000 to 14 female prison employees who alleged that the state Department of Corrections created a hostile work environment by failing to prevent lewd behavior by male inmates. The court made it very clear that employers must ensure all employees have a harassment-free workplace, regardless of who the harasser is …

Act fast to investigate, correct hostile work environment signs

08/08/2008

It’s not unusual to read about racially motivated incidents that occur at work. Slurs, graffiti and other acts of intimidation can lead to hostile environment lawsuits. By the time the graffiti shows up or the slurs are uttered, some of the damage has already been done. However, smart employers react immediately and try to limit the damage …

Remind managers and supervisors: We welcome complaints!

08/06/2008

The best way to avoid employment discrimination lawsuits: Make sure managers encourage employees to come forward with their concerns and complaints. Doing so shows that the company takes discrimination seriously, allows it to fix genuine problems fast and cuts the risk of a lawsuit down the line …

Employees fighting? Punish everyone equitably—or be prepared to explain why not