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Discrimination / Harassment

How to prevent some class actions: Let local managers make compensation decisions

09/04/2019
Having a highly centralized pay and promotion system may make employers more vulnerable to class-action litigation. On the other hand, giving some pay and promotion authority to local managers and supervisors may prevent class actions.

New employee just isn’t working out? Document specific problems before firing

09/04/2019
Sometimes, you discover that an employee you or your predecessor hired simply isn’t qualified or capable of doing her job. Before you fire her, possibly triggering a lawsuit, take the time to document why she’s not working out.

Investigate every claim of sexual harassment

09/04/2019
With the rise of the #MeToo movement, many employers worry that alleged victims will falsely accuse someone of sexual harassment. It’s a realistic fear, but you should never use that as an excuse not to investigate sexual harassment complaints when they surface.

Objective measures are most persuasive, so focus on performance criteria

09/02/2019
Remind supervisors to always focus on performance—not intangibles like “attitude”—using as many objective measures as possible. If an employee later alleges some form of discrimination, you’ll be able to demonstrate that you kept things professional by focusing on what really matters: doing the job.

Prevention key to cutting harassment liability

08/29/2019
The best way to avoid liability for sexual harassment is to prevent it from occurring in the first place. That’s why it’s so important to educate supervisors on your sexual harassment policy.

Tapioca Express settles EEOC sex harassment suit

08/23/2019
Asian tea and snack chain Tapioca Express and two of its franchisees have agreed to a 30-month EEOC consent decree.

Offer to ‘help’ doesn’t equal quid pro quo harassment

08/23/2019
A supervisor’s offer to “help” someone reach their career goals in exchange for romantic involvement isn’t enough to support allegations of quid pro quo harassment. To make the employer liable, the supervisor must have had the power to actually “help” and then deny that assistance.

Warn bosses: They may be held personally liable for hostile environment harassment

08/23/2019
Warn supervisors: If they insult and abuse employees based on protected characteristics, they’re not just putting the company at risk. That kind of misbehavior may mean punitive damages against them personally.

Feel free to set tougher rules against harassment than the law requires

08/23/2019
Employers can create rules to prohibit and prevent sexual harassment that go beyond the standards laid out in Title VII, state or local laws.

Warn supervisors: No vulgar name-calling

08/23/2019
Here’s a reminder for HR professionals in charge of training programs for managers and supervisors: Warn bosses to refrain from name-calling that could be perceived as sexist or hostile.