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Discrimination / Harassment

Beware even the simplest discipline: Court says oral reprimand can be retaliation

05/13/2011

Ordinarily, when an employee receives a reprimand that doesn’t carry negative consequences, courts won’t consider the reprimand an “adverse employment decision.” As a practical matter, that means an employee can’t base a discrimination lawsuit on a simple reprimand. But that doesn’t mean an oral reprimand can’t be retaliation.

OK to treat similar rule violations differently–as long as you document your rationale

05/13/2011

Some managers think they have to punish the same rule violation exactly the same way for all employees. But the truth is that no two cases are exactly alike. Those differences can justify punishing one employee more severely than another. The key: You must be prepared to justify why you treated the cases differently.

Fairness, careful documentation are key to discipline process that will stand up in court

05/13/2011

Are some of your supervisors so gun-shy about getting sued that they hold back on discipline? That’s a big mistake. As long as an employer carefully documents the disciplinary process with solid evidence, chances are any lawsuit will be quickly dismissed.

Tell all bosses: You must report harassment

05/13/2011
It’s crucial for front-line supervisors to report alleged race harassment up the chain of command. That’s because courts will inevitably conclude that when an employee complains about harassment to the boss, that puts the company on notice that it had better investigate the problem and fix it.

At least try to accommodate religious needs

05/12/2011

Employers can’t just ignore it if an employee asks for time off as a religious accommodation. The better approach is to schedule the employee for work and wait for him to request time off for religious observances. Then carefully consider the request, and document your efforts and conclusions.

Are you ready for the EEOC’s enforcement crackdown?

05/11/2011
The EEOC received a record 99,922 charges in the 2010 fiscal year—the most the agency has received in its 45-year history. Given this sharp increase in charge activity, now is a good time to review your personnel policies and practices to make sure you’re taking appropriate steps to help prevent potential dis­crimination claims.

Minneapolis Convention Center faces discrimination charges

05/11/2011
Six former employees of the Min­ne­apolis Convention Center are suing, alleging the center discriminates based on age and race. Their lawsuit says minority and older workers were held to different standards than other employees.

MDHS, state retirees settle age bias complaint

05/11/2011
The Minnesota Department of Human Services has agreed to pay more than $467,000 to settle an age discrimination complaint filed by retired staffers.

Vague comments and complaints aren’t protected

05/11/2011
On occasion, an employee may be too embarrassed to directly confront sexual harassment. Instead, she may complain to a supervisor about unspecified problems. If the complaints are vague and wouldn’t cause a reasonable person to understand the issue of sexual harassment, the employee will have a hard time winning a lawsuit.

Court: Employees must give employers chance to fix errors

05/11/2011
Some employees think they can walk out on their jobs as soon as it looks like their employer is going to violate their rights. Then they sue, arguing constructive discharge. But courts expect employees to give their employers a chance to right wrongs.