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Discrimination / Harassment

Keep processes transparent so everyone knows crucial employment milestones

06/28/2010

Typically, employees have just a short period of time to file an EEOC discrimination claim. But what if they don’t know they are being discriminated against? In some circumstances, that may give them much more time to begin a lawsuit. All the more reason to be open about employment decisions—it makes it harder for employees to later claim they didn’t understand their situations.

Invest a little in harassment training upfront to avoid sky-high litigation costs later

06/28/2010

If you do nothing else during training sessions, at least impress upon supervisors and managers the costly mess that can result if they allow any sort of harassment or retaliation in their departments. And remind them that it doesn’t matter if employee complaints fail to stand up in court.

Good job descriptions explain pay differences

06/28/2010

Always prepare accurate job descriptions for each position. That way, if an employee challenges pay differences, you will be ready to show that jobs and duties that sound similar at first blush aren’t really comparable. That can come in handy if an employee claims some form of discrimination based on race or other protected characteristic.

Transfer worker who needs a fresh start

06/28/2010

Sometimes, an employee isn’t a good fit for a particular job assignment and gets frustrated that things aren’t working out. Employers that transfer such an employee with the genuine intent to give her a fresh start elsewhere probably won’t find themselves in legal hot water. That’s true even if the employee had filed an EEOC charge—as long as the new job has similar duties, responsibilities, pay and other benefits.

The NJ Law Against Discrimination and the over-70 exception

06/28/2010

The New Jersey Law Against Discrimination (NJLAD) expresses a clear legislative intent to prohibit discrimination in all aspects of the employment relationship. However, the NJLAD allows employers to refuse to accept for employment or promote anyone over 70 years of age. The law does prohibit firing someone over 70 because of age. This exception was the subject of a recent New Jersey Supreme Court ruling.

Green Brook Township settles race harassment case

06/28/2010
The U.S. Department of Justice has mediated a settlement between a black highway worker and Green Brook Township, ending an EEOC lawsuit that alleged harassment and retaliation.

Abrasive personality can justify termination

06/28/2010

Some employees seem perpetually unable to get along with others. They argue, act insubordinate and generally make life miserable for other employees who are trying to get work done. Don’t hesitate to fire them if they refuse to change their ways.

Firing? Pick a reason and stick with it

06/28/2010

Presumably, when you terminate an employee, you have good reasons for doing so. If you pile on more reasons later, it may look as if you are trying to cover up a discriminatory decision with a host of excuses for why you fired the employee.

Are we vulnerable to reverse discrimination claims because of our ‘early out’ program?

06/24/2010
Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked for us for at least 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years who fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way?

Temp service settles sex harassment case in Butler

06/24/2010
The temporary-services agency ADECCO USA has settled a string of sexual harassment and retaliation lawsuits filed by women assigned to work at Pittsburgh Plastics Manufacturing’s facility in Butler.