• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discipline / Investigations

Is everyone in your company treated equally? Here’s how to track

10/01/2007

Do you have ready access to your organization’s discipline records? Can you say with certainty that everyone charged with the same misconduct receives the same punishment? Or is there bias hiding in those records? The best way to check is to group discipline by type of misconduct and punishment …

Public supervisors who report fraud are immune from defamation claims

10/01/2007

Good news for supervisors who work in the public sector: Reporting suspected fraud and workers’ compensation abuse won’t lead to losing a defamation case. Nor will commenting on the possibility that someone is facing criminal charges for fraud. That’s true even if the employee suspected of wrongdoing is cleared entirely and the accusations were largely unfounded …

‘Rubber stamp theory’ applies to Civil Service decisions, too

10/01/2007

Employees who claim they were fired illegally and whose jobs are protected by the Civil Service Act can win their lawsuits—if they can prove the Civil Service Board merely rubber-stamped a supervisor’s discriminatory decision. Until now, it was unclear whether that was the case …

St. Augustine florist sues over manager’s wilting remarks

10/01/2007

When Michaels, a chain of arts-and-crafts stores headquartered in Irving, TX, transferred manager Daniel Zimmerman into its St. Augustine store, upper management received numerous complaints from staff about his rudeness. Joseph Lewis, a floral designer suing the company for age and gender discrimination and retaliation, said employees began “dropping like flies” after Zimmerman joined the store …

When disciplining employees, pick one reason and stick with it

10/01/2007

Nothing raises suspicion among judges and juries more than inconsistent explanations. For example, shifting reasons for firing someone can backfire. You’re courting trouble if the employee filed a discrimination claim with your HR office or the EEOC or sued your organization before being fired. The key to a clean discharge—especially when the employee has filed discrimination charges—is picking a legitimate reason for firing the employee and sticking with it …

Track discipline by type and protected characteristics

10/01/2007

Do you have ready access to your organization’s discipline records? Can you say with certainty that everyone charged with the same misconduct receives the same punishment? Or is there bias hiding in those records? The best way to check is to group discipline by type of misconduct and punishment and then compare employees’ sex, race, age and other protected characteristics against punishment for the same conduct …

Act fast to end harassment, stop hostile environment claims

10/01/2007

When employees complain they are being harassed or say they work in a racially hostile environment, treat those claims seriously. Thoroughly and completely investigate their complaints, and resolve them as soon as possible …

Act fast to remedy slurs, threats, other outrageous behavior

10/01/2007

It may be the phone call you most dread getting—an employee says the workplace is riddled with hostile behavior, from offensive graffiti in the restroom to racial slurs and innuendo. What’s your first move? Ignoring complaints won’t make them go away. Instead, you need an action plan to deal immediately with the harassment …

Harassment victim doesn’t have to complain right away

10/01/2007

Under Title VII’s sexual harassment provisions, employers have few defenses if supervisors harass subordinates to the point that there’s a hostile work environment. But if the employer has an effective and well-designed complaint process that promises relief, it can reduce its liability—usually even if the harassed employee doesn’t take advantage of that process …

Track complaints, punishment by protected characteristics

10/01/2007

When it comes to discipline, equal is better. Don’t treat one employee more harshly than you would another, but don’t shy away from punishing employees who deserve it either. The key is to track complaints and punishments so you can easily show that race, age, sex or some other protected characteristic had no influence on your disciplinary decisions …