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Discrimination / Harassment

Prepare to defend against bias charges if workplace cliques break on racial lines

03/31/2014
You may think that what your employees do on their own time—at work or socially—is their business. That could be a big mistake. Your company culture may end up as evidence in a race discrimination lawsuit someday soon unless you do something about institutional and social segregation.

Details matter when justifying discipline

03/31/2014
Here’s some advice on creating good disciplinary records: When employees break the same or similar rules but end up with different dis­cipline, make sure your records specify why you believed one deserved harsher punishment than another.

EEOC sees 7 issues ripe for more enforcement

03/31/2014
Employers take note: EEOC Legal Counsel Peggy R. Mastroianni has said that it will increase enforcement efforts in these areas in coming months.

Age bias settlement: Need ADEA waiver, too?

03/27/2014
Q. My company was sued by a former employee for age discrimination under the California Fair Employ­­ment and Housing Act (FEHA). We’re settling the case and including a waiver of the right to proceed under FEHA. Do we need an ADEA waiver, too?

Waitresses win $5.7 million in age discrimination case

03/27/2014
Four former servers at Woodland Hills’ Cables Restaurant will split a $5.7 million jury award. The ­servers who range in age from 49 to 70 claimed new management cleaned house in 2010 and replaced the workers with women in their 20s.

When employee brings frivolous suit, demand recovery of your attorney fees

03/27/2014

Here’s some good news for em­­ployers facing a clearly frivolous lawsuit: The employee bringing the lawsuit may find himself on the hook for the employer’s legal fees. That only seems fair since ­employers often have to foot the bill for an employee’s successful lawsuit.

Are you liable for boss bias outside work?

03/27/2014
Here’s a good reason to make sure your supervisors aren’t targeting some employees for poor treatment: If they boast about their attitude outside of work, those statements may be used against them—and the company.

Negotiating return to work? Don’t rush firing

03/27/2014
Sometimes, employees end up on unpaid leave after complaining about discrimination. Then the employee’s lawyers try to negotiate a settlement that includes returning to work. If you turn down such terms, make sure you get clarification on whether the worker will return even if you don’t meet her demands.

When discipline is called for, keep personal hostility from tainting process

03/24/2014
Here’s a reminder for supervisors who participate in disciplinary decisions: Tell them to keep their personal feelings about the employee to themselves and resist the urge to bring in stereotypes. No one, for example, should comment on the employee’s nationality, national origin or other protected characteristics.

After Windsor: Same-sex marriage status update

03/18/2014
The U.S. Supreme Court’s landmark Windsor decision striking down Section 3 of the federal Defense of Marriage Act left who can marry whom up to the states. Well, maybe not, as lawsuits contesting bans on same-sex marriage continue to mount. Here’s where things stand.