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Discrimination / Harassment

Demand fitness exam when performance slips

11/04/2008

You don’t have to ignore a sudden and shocking deterioration in an employee’s performance and behavior. You can and should ask for a fitness-for-duty exam. Just be prepared to discuss possible accommodations if it turns out the employee is disabled.

Thorough and confidential investigation is best HR response when harassment strikes

11/04/2008

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Warning: Even legit firing can lead to lawsuit

11/04/2008

You’d think terminating someone for obviously gross misconduct and behavior that was simply unacceptable would be a slam-dunk. No chance such an employee could bring a lawsuit, right? Wrong. There’s always the potential for a discrimination suit …

Minor schedule change isn’t an adverse employment action

11/04/2008

Judges sometimes use common sense. Take, for example, a recent case involving a woman who sued after her employer changed her days off so that she had to work six days straight.

EEOC sues Sonic for harassment

11/04/2008

The EEOC has filed a lawsuit against a Sonic drive-in restaurant located in Kingwood, alleging that several female teen employees were subjected to sexual harassment.

Alleged discrimination brings claims against insurance agency

11/04/2008

The EEOC recently filed an employment discrimination lawsuit against Time Insurance Agency of Austin, alleging pregnancy discrimination against a female job applicant.

Was Galveston retirement home biased against older worker?

11/04/2008

The EEOC has been busy this fall in Texas. The agency recently sued the Edgewater Retirement Community in Galveston for allegedly refusing to hire a 78-year-old job applicant.                        

Crying wolf? 4 steps for handling serial complainers

10/28/2008

Some employees have chips on their shoulders—everything is always someone else’s fault, not theirs. They constantly pester supervisors and higher-ups with complaints about discrimination, retaliation and general unfairness. How is an employer supposed to deal with such constant whining? …

Both love and justice are blind: Consider banning boss/employee relationships

10/28/2008

Does your handbook and employment policy specify that supervisors and subordinates shouldn’t develop personal, romantic or sexual relationships? If not, consider adding such a provision. It can go a long way to avoiding potential lawsuits when those relationships go bad.

Employee does not have to specify race to invoke protection

10/28/2008

Bernard Pettis, who is black, worked for R.R. Donnelley as a materials handler, loading skids for press operator Tim Cain. Whenever Cain, who is white, helped Pettis seal the skids, he would smash Pettis’ hands under the top board, then laugh and tell co-workers, “I got his hands,” or “Ooh, look at him.”