Discrimination / Harassment

Give managers a refresher on retaliation risks

01/27/2011

Employee claims of job discrimination to the EEOC spiked above 99,000 last year, the highest total ever. On Jan. 11, the EEOC released more details, and those numbers yield three important lessons for employers:

Crothall Healthcare settles pregnancy discrimination claim

01/26/2011

Wayne-based Crothall Healthcare will pay more than $88,000 to settle a pregnancy discrimination claim brought on behalf of an employee working in Arkansas.

PHA head is gone, but trail of lawsuits lingers on

01/26/2011

When the Philadelphia Housing Authority’s board of directors fired Executive Director Carl Greene, board members probably thought the move would end the serial litigation that marked his tenure. Wrong. Press reports last year linked Greene to a series of sexual harassment cases that—along with allegations of mismanagement—led to his firing last year …

Supreme Court: Fiancé of complaining worker has retaliation protection

01/25/2011

The Supreme Court on Jan. 24 ruled that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer and can now sue for retaliation. The case has important implications for all employers: It’s more important than ever to make sure your discipline policies pass the no-retaliation test.

Strength in numbers: Lawsuit-proof your hiring process with double-team interviews

01/25/2011

You can help prevent hiring lawsuits with one simple tactic: Have two company representatives sit in on interviews. Then have both reps deliver the news when you have to tell an applicant she wasn’t selected. As this case shows, that extra effort can be insurance against a nasty “he said/she said” lawsuit.

Use independent investigation to prove you’re not biased

01/21/2011

Employers can sometimes be held liable if they rubber-stamp recommendations that come from supervisors who discriminate. Your best defense is to conduct a truly independent investigation before making disciplinary decisions. That will cut the liability cord.

When deciding on employee discipline, you don’t have to be absolutely right–just fair

01/21/2011

Supervisors have to make decisions on how to run the workplace every day. They can’t spend hours deliberating every move. Imagine how little actual work would get done if supervisors had to double-check every decision to make absolutely sure it was correct. Fortunately, courts don’t require perfection from employers—just assurance that they acted fairly and in good faith.

EEOC’s banner 2010 set record for discrimination claims

01/18/2011

Last year, the EEOC handled more complaints than ever, and employers paid out a record $404 million. Topping the list of EEOC claims: retaliation. Preventing retaliation will be a focus of the HR Specialist’s LEAP Conference, set for March 30-April 1 at the Mandarin Oriental in Las Vegas.

Warn bosses: E-mail is smoking-gun evidence

01/18/2011

The risk isn’t new—e-mail has been around for a while. But managers and supervisors still continue to play fast and loose with their e-comments. E-mail messages are increasingly finding their way into employment-law court battles. Remind managers in the hiring process that it’s typically better to pick up the phone or walk down the hall to discuss a candidate than it is to send an e-mail.

Best way to thwart discrimination lawsuits: Have manager who hired also handle the firing

01/14/2011

It almost always makes sense for the same manager who hired a member of a protected class to also terminate that employee if necessary. Courts presume that someone who is prejudiced would not hire someone who belongs to a protected class, only to turn around and fire the same employee due to prejudice.