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Discrimination / Harassment

Make sure documentation backs up reason for firing

01/14/2011

Fired employees often sue, alleging that they were treated less favorably than other employees outside their protected class. To prove that in court, employees have to show that the other employees committed the same violation or mistake and weren’t fired. That’s hard to counter if your records aren’t clear and complete.

There are complaints, then there are complaints: General gripes about unfairness aren’t protected

01/14/2011

Employees who complain about discrimination engage in what the law calls “protected activity.” They can’t be punished for complaining. But not every complaint is protected. For example, when an unhappy employee goes to her supervisor and complains she isn’t being treated fairly, that’s not tantamount to complaining about discrimination.

Keep records from unemployment comp case –you might need them later if employee sues

01/14/2011
Don’t assume you won’t have to defend against a discrimination lawsuit just because you win an unemployment compensation case. Retain all records, just in case you need them in court later.

After bias complaint, beware future discipline

01/14/2011
Employees who complain about discrimination sometimes think that makes them immune from discipline. They may have heard that employers can’t retaliate against employees who complain. That’s true, but only to a point. The best approach: Make sure the managers who decide on discipline don’t know about the prior complaint.

Insist that managers conduct interviews–even if they ‘know’ who’s best for the job

01/14/2011

Supervisors may think they know all the candidates for promotion so well they can select one without actually interviewing the interested employees. That’s a big mistake. Chances are, if one of the disappointed applicants sues, the supervisor will have to answer very specific questions about the hiring process.

Don’t turn the other cheek on workplace bullies

01/11/2011

Workplace bullying has existed for as long as mean people have worked alongside others. Only recently, however, has it emerged as an issue for the courts to handle — it’s now a significant liability hazard for employers. Here’s how to institute a “no-jerks” rule at work that can help stop bullies.

Orlando man tries to take bite out of Apple

01/11/2011
Apple Computer’s hip youth culture may have met its match in Michael Katz, a former employee who is suing the company for age bias.

Federal appeals court runs out of patience, cracks down on frivolous litigation

01/11/2011
The 11th Circuit Court of Appeals, which has jurisdiction over Florida employers, has started cracking down on employees who file false and frivolous claims. It’s losing patience for the attorneys who represent them, too. That may mean fewer such cases in the near future.

When religion is crux of workplace problems, base discipline on behavior–not belief

01/11/2011
Warn managers and supervisors: They must not refer to an employee’s religious beliefs when taking any adverse employment action. That’s true even if the decision being discussed involves a dispute over a religious accommodation.

Use robust anti-bias policy to limit liability

01/11/2011
Here’s an all-too-frequent scenario: Misconduct leads to discipline, perhaps even discharge. Then the employee sues, alleging that for years, he’s been subjected to harassment on account of a protected characteristic. Don’t let that happen to you.