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Discrimination / Harassment

Casual question about bias isn’t protected activity

10/12/2010
Can a simple inquiry about discrimination become the basis for a lawsuit? No, according to the 11th Circuit.

Firing new mother? Better have a good reason

10/12/2010

Terminating someone who is pregnant or who just gave birth can be dangerous. If you must fire her, make sure you can provide clear and consistent reasons. Tell supervisors they should never make comments that sound as if the real reason is pregnancy.

$10 million settlement puts brakes on Roadway lawsuit

10/12/2010

Racial harassment complaints against Roadway Express for actions that took place at its Chicago Heights and Elk Grove Village locations were so involved they outlasted the company. Roadway recently merged with Yellow Transportation to form YRC, one of the nation’s largest freight haulers. Now the new entity is on the hook for millions of dollars—and a big culture change courtesy of the EEOC.

Northbrook temp agency settles race bias suit

10/12/2010

Northbrook-based temp agency Paramount Staffing has agreed to settle a race and national-origin bias suit resulting from actions occurring at its Memphis office. The suit alleged Paramount refused to hire black applicants for warehouse positions, instead filling all the spots with Hispanic workers.

IHOP owners flipped, harassment onus didn’t

10/12/2010
Flipmeastack, an Illinois franchisee for the International House of Pancakes restaurant chain, will have to implement sexual harassment training and pay out $105,000 following a federal judge’s decision. The decision upheld an earlier jury award to two teenage employees at the franchisee’s Racine, Wis., location.

Transferring an employee may be retaliation, but merely discussing a transfer isn’t

10/12/2010

Retaliation is anything that would dissuade a reasonable employee from complaining about discrimination in the first place. That’s not to say every little negative thing that happens following a discrimination complaint is retaliation. Take, for example, a transfer to another position or shift.

Gender bias in Joslin could end company’s federal contracts

10/12/2010

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has charged Tyson Fresh Meats with gender discrimination at its facility in Joslin. A DOL investigation revealed that Tyson’s selection system and procedures discriminated against women seeking entry-level positions at the plant.

Make amends fast if mistake harms worker

10/12/2010

Supervisors accused of discrimination sometimes lose their tempers—and then proceed to say or do something stupid. When that happens, act fast to step in and make amends. That’s especially important if the affected employee has walked off the job. The key is to make the employee understand that he still has a job and should return to work.

Don’t rely on ‘equal-opportunity jerk’ defense

10/12/2010

Employers facing sexual harassment lawsuits against offensive, foul-mouthed managers sometimes trot out the “equal-opportunity harasser” defense. It basically says: We know our guy is rough, but he didn’t sexually harass women because he treats all his employees horribly. That’s a pretty flimsy nail to hang your defense on—and one that often doesn’t work.

6th Circuit’s surprise call: Pregnancy ‘impairments’ are disabilities

10/08/2010

The ADA expressly excludes pregnancy as a disability. The law says so, and I’ve always believed it to be true. But now a new decision has turned that notion on its head—and that may mean you’ll have to make some changes to your policies.