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Discrimination / Harassment

Can we cut our legal risk by offering unconditional reinstatement?

02/12/2009

Q. If an employee is suing our company, what are the benefits of offering her job back while the litigation is ongoing?

Preach zero tolerance for any harassment

02/12/2009

Employers are responsible if they know or have reason to know about a hostile work environment created by employees and do nothing to fix it. As a practical matter, what employers hear and see may be just the tip of the iceberg. Smart employers immediately attempt to get the whole picture and then correct the harassing behavior.

Black employees have 4 years to file Section 1983 lawsuits in Florida

02/12/2009

As an employer, you may be used to cases moving quickly through the EEOC and on to court. That’s because employees must file EEOC complaints within 300 days of the alleged discrimination. They then have 90 days after the EEOC dismisses the complaint to file a federal lawsuit. But black employees can also file a lawsuit under another section of the Civil Rights Act.

Set an example: It’s OK to punish managers more harshly than subordinates

02/12/2009

Impressions do matter, and employers are free to demand more of supervisors and managers than of those who sit lower on the company totem pole. All else being equal, you can treat it as a more serious violation when someone in authority breaks the same rule as an underling.

Track reasons why you hired or rejected every applicant

02/12/2009

You can never know beforehand which applicant might sue you. That’s one good reason to track every hiring decision and document why you hired some candidates and not others.

Don’t sweat new supervisor’s one-time demeaning act

02/12/2009

New supervisors don’t always manage their subordinates as well as more experienced managers. They’re going to make some mistakes along the way. And not every early mistake will mean a winning lawsuit for the subordinate. As the following case shows, it takes more than one stupid move to create a hostile environment.

Refusal to say ‘Happy holidays’ leads to EEOC complaint

02/12/2009

A Florida employee who was fired for saying “Merry Christmas” when answering the phone instead of the approved “Happy holidays” has filed a religious discrimination lawsuit against her former employer.

Sodexo Laundry Services settles pregnancy discrimination lawsuit

02/12/2009

Sodexo Laundry Services and the EEOC have settled a lawsuit over pregnancy discrimination for $80,000. The EEOC alleged that a Haitian linen room attendant who asked for an alternative assignment when she developed pregnancy complications was instead fired.

Warn hiring bosses of age discrimination trap

02/12/2009

Employees who can show direct evidence of age discrimination will get their day in court. That direct evidence often comes after someone who played a part in making an employment decision (e.g., helped select a candidate for hire or promotion) makes a careless statement after the fact.

Double-check for signs of retaliation whenever workers complain of discrimination

02/12/2009

Here’s how routine discrimination claims turn ugly fast: A supervisor or manager gets it in her head that she’s going to punish an employee for complaining. While it’s hard for employees to win most discrimination cases, it’s relatively easy for them to win retaliation claims.