• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Can you ask applicants to ‘audition’ via voice-mail?

05/24/2011
It’s a hot hiring trend for sales positions and other jobs that call for great verbal skills: Asking job applicants to leave a voice-mail message in which they make their best pitch. Advocates say it’s an effective way to tell right away who has potential — and quickly weed out duds. But is it legal?

Loud and inappropriate gripe? OK to punish, even if complaint involved discrimination

05/20/2011

It goes without saying that employers can’t punish employees because they have complained about discrimination. That would be retaliation, and could mean a lost lawsuit even if the employee wasn’t correct about her allegations. But that doesn’t mean you have to tolerate loud, obnoxious or disruptive complaints, no matter what their content.

John Muir Health settles EEOC ‘latex bias’ charges

05/20/2011
John Muir Health agreed to settle bias charges brought by the EEOC, claim­ing the East Bay hospital system dis­­criminated against job applicants ­perceived to have latex allergies.

You may be liable for harassment of nonemployees

05/20/2011
Employees shouldn’t have to endure sexual harassment, whether it comes from another employee or someone outside the company.

Discuss retirement after layoff decision has been made

05/20/2011
Timing is everything. Suggesting retirement before any decision has been made to terminate an employee may show age discrimination. Discussing it after informing the employee that he’s been terminated doesn’t.

Ensure arbitration agreements are clear, fair

05/20/2011
Given their druthers, courts would just as soon rule that employment arbitration agreements are valid—and send them back for an arbitrator to settle. But employers must help by making those agreements easily understood, fair and not entirely one-sided.

No adverse action needed for hostility case

05/20/2011

Think you’re immune from lawsuits as long as you don’t cut an employee’s pay or fire, demote or refuse to promote him? You’re wrong. Employees who belong to a protected class and can show they endured enough slights, insults or other harassing conduct to affect the way they perform their jobs can win a hostile environment lawsuit.

Another reason to track everything: Passage of time makes it harder for worker to successfully sue

05/20/2011

It’s possible that a supervisor might wait years to get back at an employee who filed a discrimination complaint. Possible, but unlikely. The more time that passes between an initial complaint and any alleged retaliation, the less likely courts are to entertain a lawsuit.

Same-sex marriage & payroll: What happens now?

05/18/2011
The Defense of Marriage Act (DOMA) prohibits the extension of federal marriage benefits to same-sex couples who marry under state law. Some federal courts have ruled DOMA unconstitutional, and the Department of Justice says that it will no longer defend the law. But the IRS says it’s still enforcing DOMA as it applies to the tax laws that cover married couples.

Don’t tolerate intolerant religious talk

05/16/2011
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]