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Discrimination / Harassment

Track all discipline just in case employee sues

11/29/2012
Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.

Discovered unsuspected wrongdoing? Fire away!

11/29/2012
Sometimes, internal investigations pull back the curtain on performance problems that have nothing to do with the original inquiry. Even if it turns out that the initial reason for the investigation was unfounded, you don’t have to ignore other issues you may uncover.

Supremes hear arguments: For Title VII, who’s a supervisor?

11/27/2012
No matter which way the Court rules in Vance v. Ball State, it will have a major impact on Title VII litigation. The floodgates could spring open, inviting more employee lawsuits. But a decision in Ball State’s favor would be a huge win for employers.

Supreme Court: Vance case revisits supervisor liability under Title VII

11/26/2012
The Supreme Court tackles a contentious issue: When it comes to harassment and discrimination, just what does “supervisor” mean? Regardless of how the Court rules, employers must ensure that their policies and practices are consistent with Title VII.

EEOC: 2012 job bias complaints remained near record high

11/20/2012

America’s economic struggles continued to fuel the job discrimination fire in 2012. Employees filed 99,412 charges of job discrimination with the EEOC in fiscal year 2012, only slightly fewer than in 2011. Get the latest stats and learn 10 steps for responding to an EEOC complaint.

Fire if necessary: Complaining about bias doesn’t earn free pass to terrorize co-workers

11/19/2012
Don’t let past discrimination complaints by an obviously troubled employee keep you from ensuring workplace safety. Even vague threats can justify firing a potentially dangerous employee. Few judges will see that as retaliation.

Of mice and Muslims: EEOC sues UPS for bias

11/16/2012
The EEOC is suing UPS for race and religious discrimination and retaliation, alleging a Muslim of Jordanian descent working at the company’s San Bruno hub was subjected to physical and verbal harassment, including being called “Dr. Bomb,” “al-Qaida” and “Taliban.”

$1 million settlement ends bias suit at Delano hospital

11/16/2012
Delano Regional Medical Center has agreed to pay almost $1 million to settle a lawsuit filed by the EEOC and the Asian Pacific American Legal Center on behalf of a group of Filipino-American workers.

Track the training you offer, who qualified–and which employees took advantage of it

11/16/2012

If you offer training to some, you must offer it to everyone else in the same classification who qualifies. Refusing to train some employees may be grounds for a discrimination lawsuit. Prevent such lawsuits by carefully documenting all training offers and how employees respond.

Watch out! Employee who quits can still sue

11/16/2012
Think you can avoid a discrimination lawsuit by making life so miserable that an employee quits, making it unnecessary to fire her? Don’t bet on it.