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Discrimination / Harassment

Tell supervisors: No pregnancy comments allowed

05/01/2008
It seems simple enough: No one should make cracks or comments about an employee’s pregnancy. Still, supervisors and managers often say things they shouldn’t, which can come together to form the basis for a Pregnancy Discrimination Act lawsuit …

Keep selection process objective to ensure bias-Free hiring

05/01/2008
Human factors sometimes cloud the judgment of hiring managers—and could end up costing an organization if it finds itself on the losing end of a failure-to-hire lawsuit. That’s why it’s crucial to institute checks that prevent a hiring committee or manager from imposing subjective criteria on applicants …

Diverse workplace can raise reverse-Discrimination risk

05/01/2008
Not many employers discriminate against members of the majority, but that doesn’t mean it never happens. In fact, white employees do file reverse-discrimination lawsuits, claiming they have been singled out for poor treatment or harassment due to their race. Ironically, a work force that is more diverse may be at greater risk for such lawsuits …

In discrimination cases, don’t bet on Round 1 knockout

05/01/2008
Discrimination cases typically have two stages. First, the employee must show that he is a member of a protected class, was qualified for the job he held, suffered an adverse employment action and a similarly situated person not in the same protected class was treated more favorably. Some federal trial judges recently construed the “similarly situated” standard very restrictively …

OSU-Mansfield librarian sues over religious persecution

05/01/2008
Scott Savage, a former Ohio State University-Mansfield reference librarian, is suing the university over discrimination he says he suffered because of his Christian beliefs …

New state law adds ‘Military status’ to protected classes

05/01/2008
The recently enacted Ohio Veterans Package amends the Ohio Civil Rights Act to bar discrimination based on “military status.” As a result, Ohio employers now face new legal requirements on both the state and federal fronts for how they treat military employees and their families …

Downsized Work Force, Supersized Liability: The Legal Risks of Layoffs

04/29/2008
Whether we’re in slowdown or a full-blown recession, many employers may be contemplating job cuts to cope with tough economic times. But employers that downsize the wrong way may end up spending more on litigation than they save on labor costs. To avoid a costly court fight, know your WARN Act compliance responsibilities.

You smoke, you’re fired! Lessons from the Whirlpool Case

04/29/2008
The dangers of smoking are well documented: heart disease and cancer, shorter life expectancy, higher health care expenses. Now add another risk: As workers in Indiana just found out, smoking could get you fired. Was their employer justified in taking action, or did it step into a legal quagmire?

NJLAD disability claim allows employers to demand medical information

04/28/2008
The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on disability and requires employers to reasonably accommodate employees with handicaps. Employees who want accommodations have to let their employers know. Refusing to provide updated medical information sinks an employee’s NJLAD claim …

Camden firefighter sues over racism

04/28/2008
A firefighter who was recently fired by the Camden Fire Department is suing for harassment and retaliation, alleging a captain at Tower Ladder Company 2 “habitually” made threatening racist comments. Shane Streater alleges that he was discharged shortly after he began complaining about the harassment …