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Discrimination / Harassment

Dodge bogus retaliation suits by tracking exact date of every discrimination claim

06/03/2013
Here’s an important reminder for anyone who is authorized to receive internal discrimination complaints: Always mark the exact date of every complaint in case the complaint is used later as the basis for an employee’s retaliation claim.

OK to punish supervisor harasser more harshly than co-worker harasser

06/03/2013
Supervisors can and should be held to a higher standard when it comes to enforcing workplace rules. That includes punishing a supervisor who harasses a subordinate more harshly than a co-worker who harasses a colleague.

With promotions on the line, beware rivalries that could result in sex bias, harassment

06/03/2013
Here’s a twist in discrimination law that you might never consider. If a co-worker rivalry for an open position includes threats by one worker to quit if the other is promoted and the rivalry is based on sex bias, you may face a lawsuit if you accede to the threat. That’s what happened in one recent case that made its way to the 5th Circuit Court of Appeals.

OK to fire everyone, then ask them to reapply

06/03/2013
Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.

Ensure younger employees aren’t ageists

06/03/2013
Have you recently hired or promoted younger applicants into management positions? Do they supervise older employees? If so, be sure to include age discrimination warnings in your training sessions. All too often, younger employees may make statements that older workers interpret as biased.

Not wrongful discharge: ‘You can’t fire me, I quit!’

05/31/2013
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.

Offering settlement or severance? Don’t forget special ADEA rules

05/31/2013
If you plan to offer an employee age 40 or older a severance payment in exchange for promising not to sue, don’t forget to include Age Dis­­crimi­­na­­tion in Employment Act review-and-consult language in the agreement. The ADEA has very specific requirements for allowing the employee to show severance agreements to an attorney before signing.

Will contempt order melt DQ’s resolve not to pay?

05/31/2013
Back in December 2011, the operator of a Dairy Queen restaurant in Winston-Salem’s Hanes Mall agreed to settle an EEOC lawsuit involving a teen worker who claimed she was retaliated against for complaining about sexual harassment. But nothing happened, so a year and a half later, the EEOC decided to up the ante.

Use good notes to shoot down retaliation suits

05/31/2013

One of the easiest ways for an em­­ployee to win a lawsuit against his employer is to allege retaliation. That’s because retaliation is anything that would dissuade a reasonable employee from complaining in the first place. Fortunately, some courts are becoming more skeptical about retaliation lawsuits.

8 steps for investigating, stopping harassment

05/31/2013
Sexual harassment! It’s the cry that strikes terror in the hearts of most HR pros. The good news, according to employment law attorney Jon Hyman: Eight straightforward steps can minimize your liability.