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Discrimination / Harassment

IRCA: Hiring Immigrants

02/22/2014

HR Law 101: Two laws govern U.S. immigration policy: the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986, which was amended in 1990. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and legal work status.

Discrimination hotline won’t protect against lawsuit

02/20/2014
Merely creating a hotline for reporting discrimination isn’t enough to protect an employer against harassment and discrimination claims.

Cargill Meat Solutions settles discrimination charges

02/19/2014
Cargill Meat Solutions, a wholly-owned subsidiary of Minneapolis-based Cargill Inc., has settled race and sex discrimination charges with the federal government. The DOL’s Office of Fed­­eral Contract Compliance Pro­­grams investigated the firm’s hiring practices at facilities in Spring­­dale, Ark., Fort Morgan, Colo., and Beards­­town, Ill., between 2005 and 2009.

Investigate all allegations of harassment, even those made by poor performers

02/19/2014

Just because an employee is doing a lousy job doesn’t mean she isn’t also being sexually harassed. Ignoring her complaints and focusing strictly on her performance may backfire if you terminate her. A jury may decide that harassment affected her performance or that, even if you fired her for legitimate reasons, she deserves compensation for the har­­ass­­ment she endured.

Warn bosses: Don’t punish for workers’ comp

02/19/2014

Minnesota workers injured on the job are entitled to workers’ compensation benefits and can’t be punished for asking for or receiving those benefits. Remind supervisors and ­managers that it’s their job to manage the work­­force despite injuries and that threatening or actually punishing workers who apply for benefits is illegal.

Argument in the workplace isn’t harassment

02/19/2014
Sometimes, employees lose their tempers. That’s unfortunate and you certainly should discourage it. But a loud or tumultuous argument between a supervisor and a subordinate isn’t necessarily grounds for a harassment lawsuit.

Bad bosses? Probably. Were they racist? No

02/18/2014
A federal judge has dismissed race discrimination charges against the New York Post newspaper. While the judge agreed that two black reporters who sued experienced “a raucous work environment” in which bosses “yelled and cursed at reporters,” they were treated no differently than co-workers who aren’t black.

Harassment over interracial relationship spells big trouble

02/18/2014
Don’t let biased notions of who can marry whom poison your workplace.

EEOC can’t sue over nationwide discrimination unless it first investigates

02/18/2014

Employers with locations in multiple states that find themselves responding to an EEOC discrimination complaint sometimes fear the agency won’t limit its investigation to a single complaint or two. Instead, they worry the commission might conduct a wide-ranging investigation and sue over so-called “pattern-and-practices” discrimination, alleging companywide bias.

It’s just a kiss … sealed with a lawsuit

02/18/2014
Even a single incident of overt sexual harassment can become the basis for a sex discrimination and sexual harassment lawsuit. Warn all supervisors and managers: Keep your hands off your subordinates—and your lips, too!