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Discipline / Investigations

Mind your P’s and P’s: Patience and proof are best defense against lawsuits

10/01/2003
Some managers are reluctant to discipline minority employees or others in “protected” classes. That’s not smart, and it can come back to haunt you if you don’t discipline all employees evenly. …

Prevent managers from interfering with employees’ ADA rights

10/01/2003
You know that you can’t retaliate against employees who request accommodation under the Americans with Disabil-ities Act (ADA). But in addition to this anti-retaliation rule, the law includes a little-known “interference” …

Don’t Treat Disciplinary Suspensions as ‘Admin Leave’

10/01/2003

Q. We recently sent an employee home for not following his supervisor’s instructions. Do we have an obligation to pay him for the full day regardless? How should we handle this situation in the future? Is this considered administrative leave? —D.M., California

Show managers why discipline must remain confidential

10/01/2003
Issue: If managers “go public” about employee discipline, it could spark an invasion-of-privacy lawsuit.
Risk: Jury awards and damaged employee morale, leading to turnover …

Ask these questions before you ‘Write up’ an employee

10/01/2003

Most employee lawsuits stem from employees’ perceptions that they got a raw deal. So before you discipline an employee in writing, ask yourself these questions …

Spot check your workplace for offensive material

09/01/2003
The EEOC is suing a Pennsylvania steel plant for condoning sexual harassment by allowing offensive pictures, posters and calendars in the office. The lawsuit claims a shipping clerk and other female …

Workers can’t claim self-defense as reason to ignore anti-violence rule

09/01/2003
As part of your anti-violence policy, include a clearly worded ban on physical and verbal abuse in the workplace, even if it’s in self-defense. Include descriptions …

Even ‘harmless’ banter can create a hostile environment

09/01/2003
Issue: A new ruling lowers the bar on what courts consider sexual harassment.
Risk: Allowing “boys to be boys”, even if they don’t target anyone for abuse, can now cost …

Tap new EEOC Web site for investigation insight

09/01/2003
The EEOC is coming after you for workplace discrimination. Now what? One good source, surprisingly, is the EEOC’s own site, which now offers a section titled “EEOC Investigations, What an Employer …

Perform ‘spot check’ for offensive pictures, calendars

09/01/2003
The EEOC recently slapped a Pennsylvania steel plant with a sexual harassment lawsuit. The alleged crime? It “condoned sexual harassment” by allowing some employees to post erotic pictures, posters and calendars …