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Discrimination / Harassment

Mere ‘association’ with a disabled person doesn’t trigger need to accommodate

01/05/2012

A federal court has shot down an employee’s claim that he should have received an accommodation because of his association with a disabled individual. That’s good news, as it nixes time off to care for a disabled individual if the employee isn’t otherwise eligible for FMLA leave.

Use consistent hiring, firing processes to knock down age discrimination claims

01/05/2012
Smart employers use a variety of methods to prevent age discrimination and other claims. Such mechanisms don’t happen by accident, but require careful attention to detail and a comprehensive hiring and firing program.

Poor service an issue? Seek customer testimony

01/05/2012

If you have employees who deal directly with customers, how they handle those interactions may be grounds for dismissal. When a customer complaint plays a role in a discharge decision, make sure you can locate that customer later. Customers’ testimonies can be powerful in court because juries tend to view customers as impartial.

Muslim scarf ban costs $50K for Philadelphia security firm

01/05/2012
Philadelphia-based Imperial Security will pay $50,000 to settle EEOC charges it discriminated against a woman and fired her because of her religious attire.

Pittsburgh Panera manager: I was fired for refusing racism

01/05/2012
A former manager at a Pittsburgh-area Panera Bread shop is suing the chain, claiming he was fired in retaliation for refusing to implement his boss’s racist directive.

Vague statements won’t support harassment lawsuit

01/05/2012
Here’s some comfort if you discover a supervisor has made unwise comments to employees: Ambiguous statements probably aren’t enough to form the basis of a hostile work environment claim.

Amtrak HR exec decides she won’t be railroaded

01/05/2012
Amtrak will give an HR executive working at Philadelphia’s 30th Street Station a salary boost of almost $16,000 to bring her into parity with what the railroad pays men doing the same job. She will also receive a lump-sum payment of $171,000.

Unhappy employee? Carefully track complaints

01/05/2012

You know this employee—the one who’s never happy and always finds something to complain about. It may be tempting to ignore repeated complaints, but that’s probably a mistake. Carefully document all her gripes. Those records could come in handy later if she files a lawsuit.

Ready to fire worker with poor attitude? Document examples before you deliver pink slip

01/02/2012

If a supervisor believes an employee has such a negative attitude that it warrants firing, do your HR duty! Immediately ask for documentation of the problem. It can’t wait until after the termination occurs. After-the-fact, subjective assessments may not survive a court challenge.

Different pay for men and women? Prepare to explain ‘other than sex’ factors

01/02/2012
The federal Equal Pay Act (EPA) is supposed to ensure that men and women doing the same job aren’t paid differently based on their sex. But employees can’t win EPA lawsuits simply by comparing their rates of pay and job titles. Lots of factors unrelated to gender may in­­fluence pay.