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Discrimination / Harassment

Worker says different punishment shows bias? Your good records will save you in court

06/11/2013
You know you should discipline all workers fairly and equitably, with similar punishment for all who break the same rule. That doesn’t mean breaking the same rule always means identical punishment. As long as you have a good and well-documented reason that shows why each situation differed, your decision won’t be second-guessed later.

How to comply with the GINA genetic information law

06/07/2013
The Genetic Information Nondis­crimination Act was enacted in 2008. It pro­hibits employers from discriminating against employees on the basis of their genetic information.

Don’t let fear of lawsuits stop reorganization efforts

06/07/2013
Companies that don’t change with the times risk going out of business. But change can be uncomfortable for employees, especially if it affects them directly in lost pay, status or even continued employment. Don’t let the possibility of a lawsuit keep you from making necessary adjustments.

Workplace romance, by itself, is not illegal

06/07/2013
While workplace romances can cause all kinds of problems, it isn’t necessarily illegal discrimination if a supervisor favors his girlfriend. That’s true even if others feel they are being passed over or otherwise treated poorly because of the affair.

Strive for workplace harmony and cordiality; don’t obsess about eliminating all annoyances

06/07/2013
While management should strive for as cordial a workplace as practically possible, don’t worry if yours sometimes falls short. Don’t take complaints about petty slights and behaviors too seriously if you are sure there isn’t more below the ­surface.

Check records before and after harassment claim

06/07/2013
Here’s a tip that could save you thousands in legal bills and penalties: When you are asked to terminate a poor performer who previously complained about harassment, make sure her performance problems didn’t suddenly emerge after the complaint. That could be a clear indication of retaliation.

Will egg farm have to scramble to defend EEOC suit?

06/05/2013
The nation’s largest producer of fresh eggs is being sued after it fired a black employee who had complained about racial and sexual harassment at the company’s farm in Waelder.

Document carefully to justify discipline

06/05/2013
Here’s some good news for those worried about absolute fairness in discipline: You have more latitude than you may think. Courts will use another employee’s lighter discipline as discrimination evidence only if the two employees being compared committed offenses of “comparable seriousness,” which generally means their wrongdoing was “nearly identical.”

DOJ settles bias suit against Corpus Christi P.D.

06/03/2013
The DOJ has reached a settlement with the city of Corpus Christi, resolving claims that the city police department’s hiring test violated Title VII. The DOJ charged that from 2005 to 2011, the police depart­­ment used a physical abilities test that unlawfully screened out female applicants for entry-level police officer positions.

Court: Years alone won’t define ‘significantly younger’

06/03/2013
When someone claims age discrimination, he typically has to show that he was replaced by someone “significantly younger.” What that means is unclear—and courts seem in no hurry to come up with a hard-and-fast rule.