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Discrimination / Harassment

In pay discrimination cases, job duties—not titles—are what count for comparison

02/02/2009

Employees may assume that, just because they hold the same job title as another employee, they should receive the same pay. But the label an employer assigns to a job isn’t nearly as important as the job duties performed by the person holding the job.

Former Victoria’s Secret employee claims pregnancy bias

02/02/2009

A Beaumont-area Victoria’s Secret employee recently filed suit in Jefferson County District Court alleging she was discriminated against because of her pregnancy. Krystal Burns brought her suit under Title VII, the Pregnancy Discrimination Act and the Texas Labor Code.

Texas town settles retaliation lawsuit with firefighter

02/02/2009

The city of Grand Prairie recently agreed to settle for $150,000 in a retaliation suit brought by a firefighter who says top brass objected when he tried to protect a co-worker from harassment.

Obama signs Ledbetter Act, easing path for pay-bias suits

01/29/2009

President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, making it easier for women and others to sue for pay discrimination that may date back decades. Drafted in response to a 2007 U.S. Supreme Court decision that said employees had at most 300 days to file pay discrimination complaints, the new law counts each unfairly low paycheck as a fresh discriminatory act.

Avoiding employee lawsuits: 5 lessons from the court

01/27/2009
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Choosing among well-qualified candidates? Consider diverse panel to make decision

01/27/2009

Sometimes employers have the delightful problem of having several qualified candidates for a position or promotion. But that good problem can turn into a legal nightmare if an employer winds up fighting discrimination claims from a passed-over applicant. One approach that helps guard against discrimination charges is to have a diverse panel help make the hiring decision.

Stick with objective assessments to ensure your processes aren’t swayed by bias

01/27/2009

Assessing employee performance or potential using subjective measures is one of the fastest ways to wind up in court. Employers that stick with objective, carefully tailored assessments are much less likely to lose bias lawsuits because there’s little chance for hidden bias to creep into the process.

Court rules North Carolina law revives lost EEOC complaint

01/27/2009

Think again if you believe you’re in the clear after a former employee misses a shot at filing a Title VII discrimination suit by waiting too long. Even if an employee waits more than 90 days to sue after the EEOC dismissed his case, that employee may have another bite at the apple—in the form of a North Carolina wrongful discharge lawsuit.

Understand the North Carolina Persons with Disabilities Protection Act

01/27/2009

North Carolina law has long protected disabled North Carolinians from discrimination. The North Carolina Persons with Disabilities Protection Act was originally called the Handicapped Persons Protection Act and became law in 1985. The act is broad in scope, and many of its protections apply directly to employment matters.

Promptly investigate co-worker harassment—and ensure employees know how to report it

01/27/2009

There’s no time like now to review your sexual harassment policies and processes. First, remember that sexual harassment by a supervisor is the most dangerous kind. But that’s not the case with most sexual harassment complaints, however—the ones that occur between co-workers.