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Discrimination / Harassment

N.C. discrimination complaint bars federal claim

09/28/2009

North Carolina state employees who take their discrimination complaints to the North Carolina Office of Administrative Hearings lose the right to litigate the same claims later in federal court under Title VII. They don’t get two bites at the apple.

Make sure HR reviews each firing in advance

09/28/2009

When it comes to termination, courts cut employers lots of slack—if employers can show they sincerely believed they were firing an employee for good reasons. You can show that good faith by having HR review all disciplinary actions, especially double-checking on termination decisions before they are finalized.

No raise = no review; a losing strategy

09/25/2009

“We’ve put a freeze on pay raises, so why do we need to keep doing performance reviews?” The recession has led many employers to ask themselves that question. But dropping reviews can be a morale buster and liability magnet.

Check reason before approving post-complaint discipline

09/25/2009

Employees who complain about alleged discrimination by a supervisor can set up a retaliation claim if they are disciplined or otherwise punished shortly after complaining. Relying solely on the say-so of the boss the employee initially complained about may cause trouble if that supervisor’s reasons are flimsy.

Appeals court opens door on sexual orientation, although Title VII doesn’t cover it

09/23/2009

The 3rd Circuit Court of Appeals has issued an opinion that may result in many more sex discrimination lawsuits at work. The case allowed an avowedly homosexual man to file a sex discrimination and harassment lawsuit based on his effeminate mannerisms—even as the court reiterated that sexual orientation isn’t covered by Title VII.

Use ‘general public’ test to determine whether employee is disabled under the ADA

09/23/2009

Employees who have minor physical problems—even permanent ones—aren’t necessarily disabled and entitled to ADA accommodations. The test in each case is how the impairment compares with the average member of the general public.

How to wind up in court: Suggest ‘a man would be better’

09/23/2009

Here’s advice that bears repeating to everyone involved in hiring and firing: Never opine that you’d prefer someone of the opposite sex to do a job. Word will get around … and you’re sure to get sued.

Dogged by sexual harassment suit, PetSmart settles

09/23/2009

A manager for PetSmart’s Pottstown and Wyomissing, Pa., stores got his employer in the doghouse after he sexually harassed female employees. It seems the manager was something of a beast. When female employees complained, they got the corporate equivalent of “Sit! Stay!” PetSmart failed to address the women’s concerns.

EEOC charges modular housing company with racial bias

09/23/2009

According to an EEOC complaint, North Carolina-based Professional Building Systems has subjected black employees in Pennsylvania to harassment that included drawings depicting members of the Ku Klux Klan. The complaint also alleges nooses have been displayed in the workplace …

What should we consider as we implement a community service evaluation measure?

09/23/2009

Q. Our CEO just implemented a new employee evaluation goal that calls for employees to do charitable volunteer work throughout the year. The more they volunteer, the higher the points they receive on their review, ultimately increasing their salaries. Can we do this without risk?