Discrimination / Harassment

When disciplining older worker, be sure to document all examples of poor performance

10/29/2012

Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, employers are better off having several good reasons for terminating the employee.

Don’t be swayed by the top 9 excuses for harassment

10/29/2012

When managers witness or hear about a possible sexual harassment situation at work, it’s important for them to take the situation seriously. It’s vital for managers to contact the appropriate company officials in any potential harassment situations. Don’t be swayed by these common excuses you’ll hear from employees.

Beware bias peril built into applicant tests

10/27/2012

Do you use off-the-shelf pre-employment tests to screen applicants? Watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues, alleging some form of discrimination.

Use hotline records to nail down complaints

10/27/2012

A hotline makes it easy for employees to file complaints internally—and for you to keep track of the kinds of complaints they are making. That can come in handy later if there’s a dispute about when or about what an employee complained.

What are California’s requirements for providing sexual harassment training?

10/22/2012

Q. We know that we are required to conduct sexual harassment training for our employees. But we’re not sure which of our employees we are required to train and what formats we can use to provide the training.

Supervisor deserves termination? Fire away–even if he’s a member of a protected class

10/22/2012

Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.

Beware FEHA suit when terminating new mother

10/22/2012

If a woman who has been fired sues for pregnancy discrimination, she doesn’t have to prove that her pregnancy was the sole reason for the termination. She merely has to show that it was a motivating factor.

EEOC says Leona’s Pizzeria reneged on settlement deal

10/18/2012

Women who were sexually harassed while working for Leona’s Pizzeria in Chicago never got their piece of the pie, according to the EEOC. Now the famous chain is being sued to force it to live up to its obligations.

After sex bias settlement, Brunswick will hire women

10/18/2012

Brunswick Corp. of Lake Forest and its subsidiary Lund Boat have agreed to settle sex discrimination charges filed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs.

Preferring Spanish speaker doesn’t amount to bias

10/18/2012

Some jobs require not just bilingual ability, but fluency in a particular language other than English. Hiring for that specific skill isn’t discrimination.