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Discrimination / Harassment

Set up systems to prevent employee sabotage

11/12/2010

Employees often have legitimate reasons for accusing their employers of retaliation. But sometimes, employees themselves retaliate against a company, either out of malice, or to head off being fired. That’s one reason it pays to try to anticipate employee misfeasance and guard against sabotage.

Stop lawsuits by double-teaming hiring process

11/11/2010

You can help lawsuit-proof your hiring process by relying on strength in numbers. 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. That’s insurance against a drawn-out he said/she said lawsuit.

Despite recent 8th Circuit ruling, stamp out ‘equal-opportunity harassment’ to keep harmony

11/11/2010

Here’s some food for thought: Failing to stop an employee from harassing women and men alike may be legally acceptable, but is probably still ill-advised. An employer that allows such conduct may escape legal liability, but that tolerance may make the workplace unattractive to good employees. Plus, it probably won’t be as productive as it would be with good anti-harassment policies in place.

Divided court may mean trouble for employers

11/11/2010
A decision by a panel of the 8th Circuit Court of Appeals may mean changes are coming for employers accused of tolerating racial bias. Two of three judges on the panel concluded that an employer wasn’t liable for a series of co-worker comments that were arguably racist.

HR gossip girl: The risk of divulging employees’ secrets

11/09/2010
As an HR professional, you have an open door. And you’re always encouraging employees to ask questions about their benefits. But sometimes, that door needs to be shut … and so should your mouth. As a new lawsuit shows, repeating even the question asked by an employee can trigger a multi-claim lawsuit …

Palm Beach diocese wins grant to fight immigrant bias

11/08/2010
The Catholic Charities Diocese of Palm Beach is one of 13 recipients of U.S. Department of Justice (DOJ) grant funds meant to aid victims of immigration discrimination.

Jacksonville gay advocates seek anti-discrimination ordinance

11/08/2010

Jacksonville is the only major metropolitan area in Florida that does not have an ordinance prohibiting discrimination based on sexual orientation. If gay activists have their way, that will change.

Promptly fixed problem can’t be grounds for legal action

11/08/2010

Managing a workplace isn’t easy and not every assignment or schedule is completely fair. Employees who complain about something that might otherwise be considered an adverse employment action can’t sue if their employer fixes the problem right away.

Post job openings, application deadlines to cut down on suits challenging promotions

11/08/2010
Employers that use formal promotion processes probably won’t lose a failure-to-promote lawsuit if the employee in question didn’t even bother applying. But employers that use informal methods may be blindsided by lawsuits alleging discriminatory promotion practices without even having had a chance to review the employee’s qualifications.

Use hotline to receive employee complaints, prove when litigation clock started ticking

11/08/2010

Courts increasingly insist that employees meet deadlines for filing EEOC or other discrimination complaints. The law allows employees just a short period of time to start the lawsuit process after an employer’s adverse decision. Smart employers have systems that precisely track internal complaints. With those in place, employers can more easily argue that the employee waited too long to sue.