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Discrimination / Harassment

Unionized? You may be able to use progressive discipline to address some forms of harassment

12/01/2010

If your organization is unionized and operates under a collective bargaining agreement that calls for progressive discipline, think twice before automatically firing an employee you believe has sexually harassed other employees. Unless your contract specifies discharge for a first harassment offense, you may have to follow your progressive discipline program.

Ho Ho No! Don’t force wearing of Santa hats

11/30/2010
A Jehovah’s Witness was fired from her department store job after she refused to wear a Santa hat while wrapping Christmas gifts. The problem: Her religious beliefs didn’t allow it. Now the EEOC wants a judge to decide whether the store should get coal in its stocking this Christmas.

State bar expands nondiscrimination rule

11/30/2010
The North Carolina Bar Association has voted to add sexual orientation and gender identity to its list of protected classes in the Preamble to the Rules of Professional Conduct for attorneys. The change means North Carolina attorneys may not discriminate against clients because of sexual orientation.

Courts losing patience with frivolous lawsuits

11/30/2010

More and more employers are finding they have to defend against frivolous lawsuits. Both current and former applicants may file suit but don’t provide any details. Often, they are too poor to even pay the filing fees and ask the court to waive the costs. But courts are beginning to toss out such cases right away.

When supervisors leave subordinates in tears, don’t hesitate to demote or fire them

11/29/2010

Some people aren’t cut out to be supervisors. Too bad employers don’t always realize that until a steady stream of subordinates make their way to HR with complaints. If it appears obvious that there’s a problem with the supervisor and not his subordinates, document the complaints and take action.

Cobra, bitten by lawsuit, pays for sexual harassment

11/29/2010
Delray-based construction companies, Cobra Pavers & Engineering and Cobra Construction have agreed to pay $125,000 to settle sexual harassment charges brought by women who worked in the firms’ offices.

Bulletproof anti-harassment policy by ensuring employees know how to lodge their complaints

11/29/2010

It’s been over a decade since the U.S. Supreme Court laid down the law on what employers need to do to prevent and cure sexual harassment. That’s long enough for complacency to have set in. By now, some employers may have started taking sexual harassment less seriously than they did when the court first ruled. That’s a potentially costly mistake.

Lesson from ‘I’m too sexy for my shirt’ case: Be alert to female-on-male harassment

11/29/2010

It’s true that most sexual harassment claims involve a man’s inappropriate behavior toward a woman. But that doesn’t mean you can ignore female-on-male harassment. In fact, from 1990 to 2009, the percentage of sexual harassment claims filed by men doubled from 8% of all claims to 16%.

Spot supervisors’ hidden bias by monitoring daily stream of info flowing into HR

11/26/2010

Is a tendency toward discrimination hiding within your management ranks? If so, you may be courting real trouble. You need to ferret it out as soon as possible. But how? Obviously, few supervisors will openly advertise their bias. But you may be able to spot it in the reams of information that routinely flows into HR.

School leader accused of creating hostile environment

11/26/2010

The Farmington School Board is investigating one of its own. The board recently voted to investigate member Tim Burke to see if he poses a potential liability. Several board members have accused Burke of treating administrators disrespectfully, burdening them with unnecessary data requests and making unfounded accusations against them.