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Discrimination / Harassment

Audit discipline cases for hidden racial bias

07/15/2014
Supervisors sometimes enforce rules in a biased way or discipline members of a protected class more severely than others. But HR can stop this discrimination dead in its tracks with an internal informal audit. Regular monitoring (and fixing any problems you find) may be the best lawsuit-prevention tool around.

Hey boss! National origins comments never OK

07/15/2014
Remind supervisors that they must never make jokes (or assumptions) about employees based on where they were born, their origins or other national or ethnic characteristics.

‘Do As I Say’ Department: Disability nonprofit sued for disability bias

07/10/2014
A Detroit nonprofit formed to assist people with disabilities faces EEOC charges that it violated the ADA by discriminating against a deaf worker.

Long Island cop wins $1.35M in reverse discrimination case

07/09/2014
A federal jury has awarded $1.35 million to a police lieutenant in the Long Island town of Freeport after finding that the town’s black mayor turned him down for a promotion to chief of police because he is white. A Hispanic fire department official got the job.

Biased at Tiffany?

07/09/2014
A black man who runs two Tiffany & Co. stores in Texas is suing the luxury retailer in New York, alleging that the company engages in “systemic, nationwide pattern and practice of racial discrimination.”

Most political speech doesn’t create hostile environment

07/09/2014
Politics sometimes come up when co-workers talk. As long as what’s said isn’t overtly offensive, those discussions don’t create a hostile work environment—even if some employees are sensitive about the subject matter.

Have attorneys monitor other lawsuits that may have been filed by class-action members

07/09/2014

You may think that settling a class-action lawsuit puts an end to the matter, stopping further claims by an employee who was a member of the class. If you know an employee has filed another EEOC complaint or lawsuit, be sure to tell your attorney when the class-action suit is being settled. Otherwise, you may soon be back in court.

Courts won’t hear it: Don’t try piling on after-the-fact reasons for termination

07/09/2014

Sometimes, after an employee has been discharged, a supervisor will discover that the employee broke additional rules. But even if what you discover would be enough to have justified discharge on its own, chances are a court won’t let you use the information in your defense. After-acquired evidence isn’t admissible to show you would have fired the employee for reasons other than the one you used.

Back RIF decisions with sound fiscal reasons–and prepare to explain them in court

07/09/2014
If an employer can present a coherent and rational explanation for why economics—not retaliation—drove a RIF decision, chances are a court won’t second-guess it.

Charging insubordination? Line up witnesses

07/09/2014

When you fire a difficult em­­ployee, there’s a good chance he or she will remain a thorn in your side. Always aim to document the incident that prompted the firing by gathering as many eyewitness accounts as possible.