• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Alert: Key EEOC reporting deadline is next Thursday

09/21/2010

Most large employers (and federal contractors) have just a few days to submit key employee demographic data to the EEOC. The deadline for filing EEO-1 reports is next Thursday, Sept. 30. Find links to the EEOC’s online reporting system and an explanation of what you need to report.

Courts frown on bosses blaming subordinates for shortcomings

09/20/2010

Here’s something to consider when disciplining a supervisor or manager: She probably won’t be able to get away with blaming a subordinate for her own poor performance. Employers are entitled to expect managers to manage.

Weight discrimination: The next big protected category?

09/20/2010
Can employees be fired for being too fat? The topic is heating up, due in part to national headlines gained by two Hooters waitresses in Michigan who claim they were fired for being overweight. A judge has given them the green light to bring their cases to trial. 

When it comes to discrimination, the customer isn’t always right

09/16/2010
Employment discrimination has been illegal for decades, but prejudice lives on. Even if bigoted customers insist on discriminating because of race, employers must still comply with the law.

Document specific reasoning behind differing punishments

09/16/2010
Many employers keep their disciplinary policies vaguely worded because they want some flexibility in dealing with employee behavior. That’s fine as long as you carefully document why you are punishing one employee more harshly than another.

EEOC dragging its feet? Don’t get complacent

09/16/2010

The EEOC often takes its sweet time preparing cases for litigation. Don’t let the foot-dragging lull you into inaction! Treat the case as if it will eventually end up in court. Gather any documentary evidence now before it disappears or employees who know the details retire or quit.

Warn bosses: Hiding harassment will backfire

09/16/2010

Some low-level supervisors think a sexual harassment complaint will go away if they ignore it or get everyone except the victim to deny the allegations. It almost always backfires. Here’s why: Courts are willing to let juries decide who is telling the truth, even if it is one worker’s word against many.

The curious case of the cubicle exorcism

09/15/2010
Do you have overtly religious employees in your workplace? The EEOC says you must “reasonably accommodate” their religious beliefs and practices. But you can (and should) step in when that religious zeal crosses the line into religious harassment. Just make sure you treat all employees consistently—or you’ll be praying for the lawsuit to go away …

You can insist on investigation confidentiality

09/10/2010

Make it a policy to keep it confidential when conducting internal investigations into discrimination or harassment. That way, rumors and exaggerated claims won’t influence other employees who haven’t yet told investigators their side of the story. Employers that terminate employees for violating that confidentiality needn’t worry that doing so is retaliation, at least according to a recent 11th Circuit decision.

EEOC takes on ‘Cheaters,’ settles harassment case

09/09/2010

The Dallas-based owners and producers of the “Cheaters” syndicated television show—which highlights cases of sexual infidelity—have agreed to pay $50,000 to settle an EEOC sexual harassment lawsuit. Among the allegations: Two female office assistants were subjected to sexually explicit remarks and unwelcome touching by the company’s owner and upper-management staff.