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Discrimination / Harassment

Reprimand by itself isn’t an adverse action

03/29/2011

To sue for employment discrimination, employees have to show some sort of adverse action—e.g., discharge, demotion, a pay cut or a transfer to a less desirable or less prestigious position. Merely being criticized or having a reprimand placed in a personnel folder isn’t enough to support a lawsuit.

What’s wrong with this picture? Spot the HR problems in this vintage ad

03/29/2011
It was a different world in the 1860s. Work was dangerous. Pay was low. News spread slowly. Oh, and HR apparently didn’t have much say in the recruitment process. See how many employment law violations you can spot in this ad seeking riders for the Pony Express.

No personal supervisor liability under Title VII

03/29/2011

Some employees are so angry about perceived supervisor discrimination and harassment that they want the offending boss to suffer personally. They’ll often try to sue their supervisors directly. Fortunately, that doesn’t work for Title VII discrimination lawsuits.

Employee miffed about your decision? That’s no reason to tolerate insubordination

03/29/2011

Employees tend to get angry if management dismisses or turns a blind eye to some perceived injustice. That anger may manifest itself in many ways, including refusing to cooperate with reasonable requests. You don’t have to put up with that passive-aggressive behavior.

Pattern of strict enforcement helps win harassment cases

03/29/2011
A strictly enforced anti-harassment policy can counter an employee’s argument that she didn’t use the system because she believed it would not help.

Harassment ‘cure’ can’t burden employee more

03/29/2011

Employers have an obligation to stop illegal harassment as quickly as possible. But jumping at the first apparent solution may not be the best way to go. First, consider whether the proposed fix makes things worse for the victim. If it does, you’ll need to take another approach.

One sex always does the dirty work? Be prepared to show that it’s essential

03/28/2011

If supervisors disproportionally push either men or women to perform certain distasteful or dangerous tasks, you could face a sex discrimination claim. If that happens, you had better be prepared to show that gender is a bona fide occupational qualification for the tasks.

Consider all options: When co-worker harasses, termination isn’t the only way to avoid liability

03/25/2011

The key to handling any kind of harassment case involving co-workers is to immediately investigate the allegations and follow up with solutions designed to stop the mis­behavior. But those solutions don’t always have to include terminating the har­assing co-worker. Suspensions, training and other remedial actions may be enough …

Supreme Court backs employee following ‘cat’s paw’ boss bias

03/24/2011
The U.S. Supreme Court has unanimously ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA), based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.

Beware relying on arbitration agreements: They’re California courts’ pet peeves

03/22/2011
You may have heard that arbitration agreements are a great way to avoid lengthy and potentially costly employment discrimination lawsuits. But before you decide to use an arbitration agreement, remember that California courts don’t like them very much.