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Discrimination / Harassment

Nursing home plays doctor, will pay for pregnancy bias

12/01/2009

Charlotte-based Lawyers Glen retirement home has agreed to pay $20,000 to settle a pregnancy discrimination complaint brought by one of its nursing aides. When Ashley Wilhelm told her supervisor she was pregnant, she soon found herself working fewer hours. The reduction continued throughout her pregnancy, even though her physician certified she could work full time up until she gave birth.

Don’t sweat perfection when investigative honesty is enough

12/01/2009

Employers often agonize over whether their workplace investigations are thorough enough. They worry that they somehow have to ascertain the absolute truth and can’t make any mistakes. Relax. As long as your investigation is reasonable, courts won’t interfere—even if your conclusions were wrong.

EEOC: Company illegally used credit, criminal records

12/01/2009

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring. The EEOC alleges the company’s hiring practices have a disparate impact on minorities and women.

Don’t let chronic complainer scare you from legit discipline

12/01/2009

Some employees see discrimination everywhere and constantly complain. How you react can mean the difference between winning and losing a lawsuit. Keep cool no matter how often the employee runs to the EEOC. Focus on his work, not the complaints, and treat him like every other employee.

Disciplinary mistake? Set it right—pronto!

11/27/2009

We all make mistakes, especially when acting in haste. Unfortunately, a mistake in the employment law world can mean a long and expensive lawsuit. On the other hand, courts are inclined to forgive employers that genuinely try to make things right. That’s why employers should fix errors and take real measures to make sure any potential negative effects of a disciplinary action have been removed.

When religious needs conflict with schedule, shift swaps may be reasonable accommodation

11/25/2009

Many employers make it easy for employees to swap shifts if they consider their hours undesirable or inconvenient. Employers may do this by preparing the schedule well ahead of time and posting it where employees can easily see it. That makes it easy for management to know who is swapping with whom and to approve swaps arranged between employees. A shift-swap policy may also be all you need to win a religious accommodation lawsuit.

Frustration with accent doesn’t constitute bias

11/25/2009

Employees who sue their employers over alleged national-origin discrimination have to do more than show that their employer was frustrated with the employee’s inability to communicate.

Penn National pays out $75,000 for disability bias

11/25/2009

HWCC-Tunica Inc., a subsidiary of Penn National Gaming, is settling a lawsuit that alleged disability discrimination against a dealer at its Hollywood Casino Tunica in Mississippi.

Calm is key when handling chronic complainers

11/24/2009

Some employees are natural complainers. They can and will find something to gripe about, no matter what. If one of your employees fits that mold and files incessant EEOC or internal complaints, how you handle those can mean the difference between a mildly annoying pain in the neck and a lost lawsuit. How? Chances are, chronic complainers won’t be able to make a solid case that they’ve suffered discrimination. But if you decide to punish her, she may have a retaliation lawsuit.

Terminated employee claims discrimination? Warn managers against any sort of retaliation

11/24/2009

Some managers and supervisors can’t leave well enough alone after they terminate an employee. When the former employee files a lawsuit, they try to find a way to strike back. That can be a disaster! That’s why you must make sure bosses understand the consequences that may flow from a single act of vengeance or anger.