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Discrimination / Harassment

Courts more reluctant to extend employee deadlines for filing lawsuits

07/08/2010

You should be able to rest easy after an employee misses a deadline to file a lawsuit. In the past, courts have been lenient when it comes to those deadlines, especially if the employee doesn’t have an attorney. But now the tide seems to be turning. Courts are beginning to get stricter about deadlines.

Discovered hostile environment? Fix the problem, ensure there’s no repeat … and rest easy

07/08/2010

Sometimes despite your efforts to prevent it, a complaint leads to solid evidence that a female employee has endured severe sexual harassment at the hands of co-workers. What’s your next move? And will that move enable you to prevent a successful lawsuit? If you correct the problem and prevent any further similar harassment, your company will be in the clear after 300 days.

Long Island firefighters win benefits in age-bias settlement

07/08/2010
Long Island’s Bayville Fire Department will allow volunteer firefighters to accrue length-of-service credit past age 65 as part of an age discrimination settlement with the EEOC. The volunteers accrue service time and then receive bonuses based on that time. The payments essentially amount to a pension.

Are we in trouble? We just demanded that one of our employees lose weight

07/08/2010
Q. I own a restaurant where we require the waitresses to wear revealing outfits. Recently, we placed an employee on a probationary period as a result of her having gained weight. We advised her that if she did not lose 10 pounds in 60 days, we would terminate her employment. Have we done anything illegal?

Use social networks to your advantage in employment disputes

07/08/2010

I’ve long preached that employees should not enjoy an expectation of privacy in information they voluntarily place on the Internet, including social networks like Facebook. Now according to one federal court in Indiana, it is also fair game for employers to use social networking information when they have to defend against harassment and discrimination lawsuits.

Crack down hard on hostile slurs and symbols

07/08/2010
Are your workers prone to crude language and behavior? If so, start making spot inspections of work sites. Your goal: Stamping out harassment that could make your organization liable for a hostile environment.

When employee complains about discrimination, be alert for signs bosses are retaliating

07/08/2010
Has an employee complained about a supervisor’s alleged discrimination? If so, carefully review any important employment decisions the supervisor subsequently makes. Be alert for potential retaliation.

Try to accommodate employee’s religion– but don’t automatically agree if it’s a burden

07/08/2010

Some employees think that any restriction on their exercise of religious expression or dress is automatically illegal. That’s not true. In fact, when faced with an employer’s request to remove an article of clothing such as a head scarf or other head covering, the employee must state that doing so would interfere with practicing her religion and that she would like an accommodation.

Create a fair and consistent system for dishing out overtime hours

07/05/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

DOJ grant to fight employment bias along Mexican border

07/02/2010
Rep. Rubén Hinojosa, who represents the 15th District of Texas in Congress, recently announced that the Justice Department has awarded $59,546 to fund a project aimed at reducing employment discrimination against Texans authorized to work in the United States regardless of their national origin.