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Discrimination / Harassment

EEOC: Railroad had two disciplinary tracks–one for whites, one for blacks

09/24/2010
CSX, the Jacksonville-based freight railroad, faces racial discrimination charges after it disciplined a black train engineer and conductor working out of its Cincinnati yard.

How seriously should we take allegations of female-on-male sexual harassment?

09/24/2010
Q. A male employee recently complained to HR that a female co-worker was sexually harassing him. Do I have to investigate this claim the same as I would a claim by a woman against a male co-worker?

Summer intern sues law firm over rescinded job offer

09/22/2010
Sometimes, the employee not hired is the one who causes the most legal trouble. A San Francisco law firm is facing a discrimination lawsuit after it declined to hire a young lawyer who had interned there. Her suit alleges that Howard Rice discriminated against her on the basis of gender, national origin and race when it decided to defer and later rescind her associate contract.

Court says no to unlimited right to sue

09/22/2010
The Court of Appeal of California has refused to expand the time a former employee has to file a claim under the Fair Employment and Housing Act.

The Supreme Court may rule on the pay bias lawsuit everyone is watching

09/22/2010

Walmart has asked the High Court to overturn a 9th Circuit ruling that allows a class-action suit alleging widespread discrimination against women to proceed. At stake: $1 billion or more. The class of potential plaintiffs includes more than 1.5 million past and current female Walmart employees, the largest pay-bias class action ever.

USF settles bias claim with fired academic advisor

09/21/2010
The University of South Florida has settled a discrimination claim brought by an academic advisor who was fired just 10 months shy of vesting her pension following a 30-year career with the Tampa-based university system.

Use absenteeism point system to avoid favoritism disputes

09/21/2010
Many employers use a point system to punish absenteeism, firing employees who accumulate too many points. Such a system negates the need to track the total number of hours of work an employee misses, since the employer is counting points rather than time.

Base all decisions on legit business needs–and then be sure to document your reasoning

09/21/2010

Smart employers don’t make any decisions that affect employees without documenting the reasons. You may never need that documentation, but it’s good to know it’s available. It could come in handy if an unhappy employee claims the real reason behind the decision was discrimination.

When petty office squabbles boil over, take solace in one thing: It’s probably not a federal case

09/21/2010
No workplaces are perfect. Co-workers, supervisors and subordinates don’t always have others’ best interests at heart. When it comes to interoffice feuds, employees won’t find much help in federal anti-discrimination laws. Those laws don’t guarantee a workplace free of friction and ambition—just one that’s free of illegal bias.

‘Fairness’ audit prevents surprise liability

09/21/2010

It’s hard to control what low-level supervisors are doing—especially when it comes to distributing work in a commissioned sales environment. Your best protection is to conduct a self-audit of all leads. Make sure everyone is getting a fair cross-section of leads based on easy-to-understand metrics.