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Discrimination / Harassment

Investigation points back to employee who complained? It’s OK to punish her, too

11/26/2010

If an internal investigation reveals that the employee whose complaint launched the process was also engaged in improper behavior (or was, in fact, the person to blame for the situation), don’t hesitate to punish appropriately. As long as you act in good faith, a court is unlikely to conclude the punishment was retaliation for complaining in the first place.

Investigations: You can (and should) demand silence from all participants

11/26/2010
Water-cooler talk about alleged discrimination or harassment can poison a workplace. That’s why your company policy should require all participants in investigations (including witnesses) to keep quiet about the issue. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story.

Philly nonprofit wins grant to fight immigration bias

11/24/2010
The Lutheran Children and Family Service of Eastern Pennsylvania is one of 13 recipients of U.S. Department of Justice (DOJ) grant funds meant to aid victims of immigration discrimination. The grant was issued by the DOJ Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices.

When employee gripes about differing treatment, be prepared to document everything

11/24/2010
Occasionally, employees angrily complain that discrimination is the reason they’re being treated differently than other employees. But different treatment isn’t always discrimination, and in fact, it’s often easy to explain.

McDonald’s not lovin’ it after teen harassment settlement

11/24/2010

The owner of a McDonald’s franchise in Perth Amboy will pay $50,000 to settle an EEOC harassment lawsuit filed on behalf of a male teenager who once worked at the restaurant. The boy complained that an assistant store manager made lewd comments and inappropriately touched, hugged and even spanked him.

Does the Port Authority pay female attorneys less than men?

11/24/2010

The EEOC has sued the Port Authority of New York and New Jersey, alleging it pays male lawyers much more than women who perform the same work. On behalf of three plaintiffs, the EEOC seeks class certification for all female attorneys affected by the allegedly discriminatory pay policies.

When employee sues, beware whistle-blower add-on that alleges violation of public policy

11/24/2010

New Jersey’s Conscientious Employee Protection Act protects employees who blow the whistle on wrongdoing. That can include reporting conduct that the employee reasonably believes violates “a law, rule or regulation … or a clear mandate of public policy.” The employee doesn’t have to get very specific, especially claiming he blew the whistle on conduct that violates public policy.

Make sure post-firing documentation doesn’t pile on extra reasons for termination

11/24/2010
Remember this the next time you have to terminate an employee: If you plan to prepare a post-discharge summary, don’t succumb to the temptation to add new reasons to justify the firing. Post-discharge memos should simply describe the decision and how you carried it out, not look like an attempt to justify a decision made earlier.

N.J. may add another protected category: the unemployed

11/24/2010

It may soon be illegal for New Jersey employers to discriminate against applicants because they are unemployed. The State Assembly in October passed legislation prohibiting employers and recruiters from placing anything in job ads that would discourage unemployed persons from applying.

Tell bosses: Don’t nudge staff into retirement

11/24/2010

Remind supervisors to avoid comments that could be interpreted as pushing soon-to-retire workers out the door. If an older employee has to be terminated, a supervisor’s not-so-subtle hints at retirement will make it easier to persuade a court that age was the supervisor’s true reason for the firing.