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Discrimination / Harassment

When the $#@& hits the GINA fan …

07/08/2015
You may have heard about homeowners’ associations and towns demanding DNA tests when a pooch does his business on someone else’s lawn or in a public park. That’s fine for canines and their owners. But when an employer tried the same thing, the law intervened.

Not all skeevy conduct is sexual harassment

07/07/2015
That doesn’t mean employers should ignore a one-time incident or behavior brought to HR’s attention. You can and should end any behavior that may be perceived as offensive or harassing. Once you have, you can move on, as this recent Texas Supreme Court decision shows.

Here’s your retaliation ‘get out of jail free’ card

07/01/2015
If you don’t know an employee has engaged in so-called protected activity, you can’t be liable for retaliation. A recent case demonstrates this.

Review policies in wake of same-sex ruling

06/29/2015
The Supreme Court’s landmark decision legalizing same-sex marriage means HR departments must review company policies to root out all references to the gender of an employee’s spouse.

What’s simmering under the surface of your workplace?

06/29/2015
There’s a long list of behaviors that can create a hostile, intimidating or offensive environment in the eyes of the law. Do you know everything that’s on it?

From the Fox29 newsroom: Anchor loses on reverse bias

06/29/2015
A white news anchor at the Fox29 television station in Philadelphia has lost a long-simmering reverse discrimination lawsuit that began in 2007 when he was fired for using the N-word during a production meeting called to discuss a news story on the use of the racial slur in society.

Stick with same interview questions for all candidates

06/29/2015
Interviews are often critical for sorting through many apparently qualified job applicants, and it’s critical to properly handle the interview process. Be sure you treat candidates equally, asking the same interview questions of everyone.

Make it easy to know status of promotion process

06/26/2015
Federal employees have a much shorter time frame than other employees in which to complain about discrimination. In fact, they must go to their equal employment opportunity (EEO) officer within just 45 days of the alleged discrimination. But that time limit doesn’t apply if the employee has no way of knowing she was the victim of it.

Provide clear rules on promotions to prevent failure-to-promote lawsuits

06/26/2015

Employers that provide clear rules on what employees must do before being considered for promotions can reduce the possibility of failure-to-promote lawsuits. That’s because employees who don’t follow those clear rules can’t argue they weren’t promoted on account of their membership in a protected class. They lost out because they didn’t follow the rules.

Act fast to intervene at first inkling that someone might have been sexually harassed

06/26/2015
If you take prompt, remedial action and then monitor the situation for possible continued harassment or retaliation, chances are that a one-time incident won’t mean losing a sexual harassment lawsuit. Of course, you still have to investigate every allegation, even if your first impression is that there wasn’t behavior serious enough to constitute sexual harassment.