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Discrimination / Harassment

Bosses: When handling serial complainers, zip it

02/01/2010

For a few employees, every workplace problem has its roots in some kind of discrimination. They’re the ones who continually file bias complaints, and they’re a continual source of frustration for supervisors who must constantly fend off unfounded accusations. Warn those bosses that overreacting will only lead to more trouble.

Use objective criteria, transparent process to ensure promotions are fair for everyone

02/01/2010

If your promotion processes are haphazard—devoid of objective criteria and without a clear system for choosing candidates—you could wind up facing a disparate-impact discrimination lawsuit. That’s one powerful reason to institute a clear promotion policy that includes posting job openings, creating application processes and relying primarily on objective selection criteria.

Congratulations on the successful takeover! Now, how do you want those existing lawsuits?

02/01/2010

When one company buys another, it gets the good and the bad—including any lawsuits that may have already been filed against the bought-out entity. The acquiring company may be liable for pending Title VII discrimination claims, but that liability will probably be limited to back pay and other compensatory damages.

When bosses hook up with subordinates, sparks may fly … in court

02/01/2010

Romantic affairs at work are generally a bad idea, especially if they involve a supervisor and a subordinate. But here’s one worry you can lay to rest: Employees who aren’t involved in an affair with the boss won’t necessarily win a sex discrimination lawsuit if they don’t get the promotions or favors their co-worker got.

Sued? Consider impact of treating co-workers poorly

02/01/2010

One unhappy employee may not have much of an effect on your organization, even if she sues. But watch out! Handle the lawsuit poorly and you could see litigation grow as co-workers join in.

EEOC: Bakery boss handled more than one kind of bun

02/01/2010

The EEOC has filed sexual harassment charges against Dunkin’ Donuts for its alleged failure to stop a manager from harassing young women who worked at its Wynantskill store. Many of the employees he allegedly harassed were teenagers.

Brooklyn fish plant on the hook for race, sexual harassment

02/01/2010

Black workers at M. Slavin & Sons Fish processing plant in Brooklyn allege bosses there continually sexually harass black workers by grabbing their buttocks, pressing against them and occasionally jabbing their backsides with fishhooks. The workers have filed a complaint with the EEOC.

Paterson extends protections to transgender workers

02/01/2010

Gov. David Paterson has issued an executive order providing state employees with protection from discrimination because of their transgender status. The move is one step ahead of the state Legislature. Bills currently circulating in Albany would cover both public and private employers.

Retaliation nation: Manage adverse actions to lessen retaliation

02/01/2010

Virtually every federal employment law has an anti-retaliation provision—they would be toothless tigers without them. Employees who can’t prove outright discrimination often try the retaliation route. The EEOC handled a record-high 33,613 retaliation complaints in 2009. As a result, employers must tread carefully when dealing with an employee who has exercised his or her rights under any federal law.

Hunch about societal racism isn’t enough to make bias case

01/27/2010

With poor economic times come layoffs and reassignments. When these adverse events hit home, some employees may suspect they’ve experienced discrimination. But unless they have something concrete to hang their cases on, courts will toss out such cases.