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Discrimination / Harassment

Showing sympathy doesn’t create ADA liability

04/18/2011
Employees who turn out not to meet the definition of “disabled” can still sue for disability discrimination based on their employer’s perception that they are disabled. That doesn’t mean, however, that supervisors can’t express concern and sympathy when an employee reveals a problem. Nor does it mean they can’t offer accommodations at that point or explain what types of leave are available.

Have a progressive-discipline system? Great! But reserve right to fire immediately if necessary

04/15/2011
Many employers have a progressive-discipline system. Usually that’s good. But sometimes you may need to deviate from the disciplinary script. To keep your options open, make sure you explain that the disciplinary system is for guidance only, and that you reserve the right to apply the rules based on the individual circumstances of a particular case.

Family that harasses together… gets to go to court together

04/15/2011
DiMare Ruskin, an agricultural products company, faces sexual harassment charges stemming from the alleged actions of father and son supervisors at the company’s Immokalee plant.

She’s not our employee! Are we liable for subcontractor harassment?

04/15/2011
Q. We recently received a complaint of harassment from an employee of one of the contractors we hire to do some work around our facility. I know, of course, all about our duty to prevent and stop sexual and other kinds of harassment of our own employees. But we don’t have a duty to do the same for the employees of another company, do we?

Beware state law that could cost you millions

04/15/2011
If you need additional incentives to stop sexual harassment in the workplace, how’s this for a motivator: A court has ruled that employees who endure gender-related violence can now sue their employers for damages under the Illinois Gender Violence Act.

Don’t fear lawsuit after mere lateral transfer

04/15/2011
You have lots of latitude to decide the shifts and locations to which employees are assigned. As long as there are no obvious flags (like only assigning members of a particular protected class to the night shift), courts likely won’t interfere with your management decisions.

Ocala firm pays for tolerating same-sex harassment

04/15/2011
Prestige Home Centers, a mobile-home manufacturer based in Ocala, has agreed to pay $79,000 to several male employees who claimed a male supervisor at the company’s Lake City facility verbally harassed, groped and propositioned them.

When harassment escalates despite warnings and second chances, it’s time to terminate

04/15/2011

If a claim of sexual harassment comes down to nothing more than one employee’s word against another’s, it can be difficult to decide to fire the alleged harasser. It can be even harder if you know the accused harasser is involved in litigation against the company.

Worker sends complaint to HR? You must respond

04/15/2011
Some employers believe that actually filing a lawsuit or EEOC complaint is the only protected activity. That’s simply not true. Em­ployees who voice concerns to HR about possible discrimination at work are also protected from retaliation.

OK to base discipline on severity of violation

04/15/2011
Employers generally must treat employees equally, including when they break the rules. But that doesn’t mean you have no disciplinary flexibility. The key: Explain why you think one employee deserves more serious punishment than another who committed the same infraction.