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Discrimination / Harassment

Budget cuts forcing layoffs or reorganization? Take care to spell out justification

12/16/2011
If you must eliminate jobs, make sure you create a clear paper trail explaining why and how you made the decision to terminate a particular individual. That’s especially important if the employee had discrimination charges pending—or a history of filing them.

SoCal hotel steps up after firing autistic employee

12/16/2011
The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.

Warn bosses: No ‘association discrimination’

12/16/2011

The next time you conduct discrimination training, remind supervisors and managers that discriminating against an employee because of a spouse’s protected characteristic is just as illegal as direct discrimination. That’s what one federal agency has learned the hard way.

Get ready for a new federally protected class: the unemployed

12/14/2011
Employers may be surprised to learn there is a growing movement to add the unemployed to the list of people who belong to a protected class. If leaders in the U.S. Senate and the EEOC have their way, it may no longer be legal for em­­ployers to show a preference to hire only those who are currently employed.

SPFD, firefighter finally see eye-to-eye on settlement

12/14/2011

A long-running disability discrimination dispute between St. Paul firefighter William Eldridge and the city has finally been settled. Twice in the past seven years, the St. Paul Fire Department told Eldridge he would be terminated because his bad eyesight prevents him from fighting fires ,,,

Freeborn County worker blames firing on retribution, bias

12/14/2011
Did frank feedback about a boss’s shortcomings lead to a government worker’s firing? That’s what Rose Olmsted claims in a lawsuit she filed against the Freeborn County Com­­missioners and the county’s director of human services.

Vague report of name-calling doesn’t make you liable

12/14/2011

Employers must respond promptly to allegations that employee misbehavior is creating a racially, sexually or otherwise hostile work environment. But what if all an employee only complains about is unspecified name calling?

Court to lawyers: No, you can’t just copy an old lawsuit and expect to win

12/14/2011
In a case that shows there is justice for employers, a federal court has dismissed a discrimination complaint because the employee’s attorney literally copied the allegations from another case in another state against a different employer.

Minnesota agencies settle retirees’ age-bias lawsuit

12/14/2011
The Minnesota departments of Natural Resources, Commerce and Public Safety have settled EEOC age discrimination charges that resulted from early retirement packages offered to senior state employees.

Worker is her own lawyer? Take suit seriously

12/14/2011
When employees can’t find an attorney to handle their em­­ployment discrimination claims, they sometimes go it alone, filing their own EEOC complaints and then moving on to federal court. Even if so-called pro se litigants pre­sent confusing and seemingly contradictory cases, chances are a federal judge will expect the em­­ployer to respond.