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Discrimination / Harassment

ADA: Employer gets to pick reasonable accommodation

03/13/2014
Some employees believe that once their employer agrees that they are disabled, they can demand a specific accommodation. But that’s not true. In fact, it is the employer that gets to pick a reasonable accommodation.

Everyday rudeness and backbiting doesn’t necessarily mean hostile work environment

03/13/2014

When people are thrown to­­gether in the workplace, per­­s­­onality conflicts are almost inevitable. But unless there’s seriously abusive behavior or particularly offensive language, an occasionally rude workplace won’t be labeled hostile by a court.

Long history of misconduct? Document every step of disciplinary process

03/13/2014

When an employee is fired, he or she has nothing to lose by suing you. That’s why you should assume that every employee will do just that and prepare accordingly. That includes making sure you have documented every step of the disciplinary process, providing details and dates.

OK to fire despite isolated ‘old man’ comment

03/13/2014
Some employees joke around by calling other workers “old man” or making other insensitive ageist comments. You should certainly discourage comments that diminish employees, customers or others based on their protected characteristics. However, a few isolated incidents won’t mean a lost lawsuit if you also make sure that you terminate employees only for legitimate business reasons.

Base pay on the job–not the job description

03/12/2014
The Equal Pay Act makes it illegal to set separate rates of pay for men and women doing the same work. But some employers don’t understand that job titles and job descriptions don’t matter much when it comes to comparing jobs.

Prevent payback: Retaliation hits all-time high

03/10/2014
It’s more important than ever to remind supervisors that it’s unlawful to try to “get even” with people (staff or applicants) because they com­­plain about discrimination, either in house or to a government agency. While employee complaints to the EEOC about every type of discrimination declined from 2012 to 2013, only one rose: retaliation.

Raleigh EEOC office signs accord with Mexican Consulate

03/07/2014
The EEOC’s Raleigh office has signed a Memorandum of Under­­stand­­ing with the Mexican Consulate in Raleigh, agreeing to continue “an ongoing collaborative relationship between these two entities to provide Mexi­­can nationals with information, guidance, and access to resources on the prevention of discrimination in the workplace.”

Vandalism isn’t always employer’s responsibility

03/07/2014
Here’s an important reminder that employers aren’t responsible for pre­­venting every ugly workplace incident. Just because someone vandalizes an employee’s property doesn’t mean you will be liable for creating a hostile work environment.

Employee doesn’t have to be a minority to file a racial harassment complaint

03/07/2014
When nasty racial words are tossed around in a workplace, you may think the target of those words is the only person who can sue for racial harassment. Not true. It’s not necessary for someone to have protected status to complain about harassment or discrimination.

A liability ‘gift that keeps on giving’: The hostile environment you thought you fixed

03/07/2014
You may think that time is on your side after you tackled hostility in the workplace. But that isn’t always the case. For example, firing an employee who had to work in a hostile work environment for years may still mean liability, even if you recently cleaned up the workplace.