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Discrimination / Harassment

Use blind process to decide who loses during RIF

10/07/2008

No one likes a layoff, especially the affected employees—who may look for a reason to sue. Smart employers can stop many baseless lawsuits by using objective, neutral criteria to select which workers will lose their jobs. That’s what happened in the following case …

Cyclone settles same-sex drilling rig harassment case

10/07/2008

Cyclone Drilling Company of Gillette has agreed to pay $45,000 to Mark Lujan for sexual harassment he said he endured while working at a drilling rig on the Western Slope. The EEOC filed the lawsuit, claiming Lujan’s supervisor, Jim Stout, subjected him to inappropriate sexual remarks …

What, if anything, should I do about off-work employee harassment?

10/07/2008

Q. An employee complained that co-workers made fun of her at an after-work bowling event. She says they made fun of her accent (she is an immigrant) and talked about sexual acts involving her. She is embarrassed now and does not want to work with the people involved. Do I need to look into this, or should I refuse because the incidents took place away from work? …

Document when you first told worker of termination

10/06/2008

Employees who have been terminated don’t have long to file a complaint about alleged discrimination. Employers that suspect they might be sued can capitalize on the short statute of limitations by starting the clock as soon as possible. Here’s how …

Policy not enough: Stamp out co-worker harassment or prepare for court

10/06/2008

It takes more than having a written policy to avoid liability for sexual harassment. If you back up your policy with regular training and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action …

Need a good reason to settle? How about saving huge attorneys’ fees?

10/06/2008

Employers who end up losing discrimination lawsuits don’t just pay their own legal fees—they often pay the winning side’s fees, too. Always consider the ultimate cost before rejecting a settlement offer, or before pushing your own attorneys to appeal a case.

Court: Same-sex come-on isn’t worth $90,000

10/06/2008

What’s an attempted liaison by a same-sex manager worth in Texas? A jury said $90,000. Now a Texas appeals court has reversed that decision …

Texas congresswoman’s staffer loses discrimination case

10/06/2008

A federal court in Washington, D.C., has ruled against Elizabeth Howie, a 46-year-old black staffer for Rep. Eddie Bernice Johnson.  Howie claimed she was fired because of her race and age …

Jury: AT&T discriminated against call center worker

10/06/2008

A Dallas County jury decided that AT&T created a hostile work environment and retaliated after a call center employee complained. The jury found that race was a motivating factor in AT&T’s repeated failure to promote Lakecious Edwards and awarded her $411,339.

Document every pay decision

10/03/2008

When you decide to give employees a pay raise—or deny them one—always document the reason. The key is contemporaneous, logical explanations. Few employees will succeed in proving that your reasonable rationale is really a pretext for some form of discrimination …