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Discrimination / Harassment

Remind bosses: No comments on EEOC complaint

04/17/2009

Many supervisors and managers have yet to learn they shouldn’t make any comments about an employee’s EEOC or other discrimination complaint. Remind supervisors that any comment about employees’ legal claims can be retaliation—and retaliation is much easier to prove than actual discrimination.

Stop hostile environment cases by tracking how you discipline after workplace disputes

04/17/2009

As an employer, you aren’t required to absolutely ensure your employees never suffer hurt feelings. That’s impossible. Nevertheless, you are required to stop behavior that could escalate into a hostile environment. Be sure to track how you punish co-workers who get into arguments and use inappropriate language.

L.A. police officer wins $2.3 million in harassment suit

04/17/2009

A federal jury has awarded $2.3 million to a Los Angeles police officer who claimed that male officers sexually harassed her. Melissa Borck, who remains an officer, sued the city for violating the equal protection clause of the Fourteenth Amendment.

Supreme Court: Collective-bargaining agreements can force workers to arbitrate discrimination claims

04/17/2009

Siding with employers, the U.S. Supreme Court recently ruled that union contracts could bind employees to arbitrate discrimination claims under federal law. The court ruled against a group of fired night watchmen in New York who wanted to pursue age discrimination lawsuits in court.

Unholy trinity: 3 employees for the price of 1

04/17/2009

Soon after Gary Lizalek was hired at a Wisconsin medical firm, he informed the company that he believed, as a matter of religious faith, that he was three separate beings. The company fired all three Lizaleks. He sued, saying the company failed to accommodate his religious beliefs.

In interviews, be wary of using ‘points only’ scoring system

04/17/2009

Do you assign points or scores to rank candidates during their interviews? If so, do you explain in writing why the applicant received each score? A new court ruling says you’d better back up those numbers with an explanation or you might just lose points in front of a jury if you’re sued for discrimination.

How to respond to an EEOC complaint: 10 steps to success

04/17/2009

The EEOC and state and local agencies have been filing more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond:

Unholy trinity: 3 employees for the price of one

04/14/2009

Religious accommodation went up against business necessity recently when the "Three Faces of Eve" butted heads with an employer in court. Find out how many winners there were.

Assessing witness credibility in workplace investigations

04/14/2009

During a workplace investigation, you, as an HR investigator, can take a number of practical steps to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Document warnings to chronically late worker

04/14/2009

Your documentation of an employee’s chronic tardiness will prove its value if you fire the employee and she sues for some kind of discrimination. If you can show you let the employee know about your concerns and the consequences, rest assured she would have a hard time winning her case.