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Discrimination / Harassment

Lawsuit insurance: Does your policy cover EEOC claims?

11/02/2011
If your organization carries employment practices liability insurance (EPLI), make sure your coverage includes claims made by the EEOC and all other such federal, state and local agencies. As Cracker Barrel learned, an EPLI umbrella policy may actually let in some rain … $2.7 million worth.

Woodbury broker sued for retaliation after bias probe

11/01/2011
The EEOC is suing Woodbury-based insurance broker Sterling and Sterling on behalf of a former employee who says she was fired for cooperating with an EEOC investigation.

EEOC takes a page from Madison Avenue’s playbook

11/01/2011
The EEOC has a new and aggressive tactic to shore up the lawsuits it files against employers accused of violating employee rights: It’s running ads asking workers to come forward with their grievances.

Frivolous lawsuit? You’ll need patience

11/01/2011

This may be tough to accept, but sometimes when an employee sues, you just have to be patient. It’s especially difficult if you know that the employee isn’t telling the truth. The judge hearing the case will probably see through bogus claims.

Isolated, subjective incident doesn’t justify bias lawsuit

11/01/2011
Some employees always have a chip on their shoulders. They interpret every comment as criticism—and then blame work problems on discrimination. Fortunately, not every look, comment or gesture leads to a successful employee lawsuit.

Defying expectations: Why failing to live up to stereotypes won’t make worker’s suit a winner

11/01/2011
A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.

When salaries differ within job classification, be prepared to offer data explaining why

11/01/2011
Smart employers document all the reasons for every rate of pay, in case someone later alleges some form of discrimination. That way, they’re prepared to justify exactly why one worker earns more or less than another similarly situated colleague.

Beware cryptic notes in your HR files–they could be used against you in a later lawsuit

11/01/2011

Before you enter into official files your handwritten notes on conversations, recollections or thoughts about an HR decision, consider how your words might be interpreted. Best practice: Draft a memo that summarizes and fleshes out your notes—and that makes your ideas perfectly clear. Then toss out the original notes.

Don’t let bias complaint stop legit discipline

11/01/2011
Here’s an important reminder for HR professionals handling em­­ployee discipline: If the disciplinary process is well under way—and you believe that the proposed discipline is fair, reasonable and based on facts—there’s no need to stop the process just because the employee files an internal discrimination complaint.

TCC headed for court after prof alleges anti-gay bias

10/31/2011
With help from lawyers at Lambda Legal, which works to protect the legal rights of gay employees, a former temporary professor is suing Tarrant County College, alleging that officials blocked her bid for a full-time professorship because she is a lesbian.