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Discrimination / Harassment

EEOC: Outback’s kitchen rules keep women out of management

04/01/2008
A group of women are suing Tampa, Fla.-based Outback Steakhouse, claiming they were steered into “female” jobs such as hostess and cocktail waitress and away from kitchen work. Because kitchen experience is a key requirement for promotion at the company, the women say they were shut out of management positions …

What’s the law on demanding a nonsmoking work force?

04/01/2008
Q. The media often have stories about companies that adopt a “no-smoker” policy in order to save on health insurance costs, and force their staffs to quit smoking to keep their jobs. Can my Colorado company do this? …

Track performance improvement plans by protected category

04/01/2008
Employers frequently design performance improvement plans (PIPs) for underperforming employees. But the way managers choose which employees to place on PIPs can have serious consequences. Here’s how to make sure your PIP system is fair—and legal …

Title VII may apply to some independent contractors

04/01/2008
Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor …

Getting legal advice? Be prepared to show court the details

04/01/2008
Sometimes, despite uncertainty about whether or not discrimination has occurred, you still may have to fire an employee. But what if you turn out to be wrong? Will that mean a huge punitive damages award? Not if you can show that before the decision was made, you consulted an attorney. That’s right: Calling in the lawyers is the best insurance—if you do it right …

Applicant claims disability? Track how you handle hiring

04/01/2008
You probably have had people who claim they are disabled apply for open positions with your organization. How you handle each application can have a great impact: If you handle them incorrectly, you’re asking for a lawsuit. That’s why it’s crucial for HR to monitor what happens to each employment application …

A series of small slights can add up to one huge retaliation case

04/01/2008
It’s hard to prove discrimination, but much easier to prove retaliation. That’s a lesson more and more employers are learning the hard way. The fact is, anything negative you do to an employee who has complained about alleged discrimination may amount to retaliation …

Morgan Stanley to pay $16 million

04/01/2008
A California District Court has given preliminary approval to a proposed $16 million settlement by Manhattan financial firm Morgan Stanley with a group of black and Latino financial advisors in its global wealth-management group …

Hofstra football assistant says jocks were jerks

04/01/2008
An assistant for Hofstra University’s football team has filed a federal lawsuit charging that she was “subjected to offensive and sexually graphic movies in the presence of howling and taunting male students” and “locked in a bathroom by a group of male students” …

N.Y.-Based grocery chain to pay $40,000 discrimination settlement

04/01/2008
Eugene Gates Jr. had worked in a Charlotte, N.C., grocery store for nearly 40 years when it was purchased by Compare Foods, based in Freeport, N.Y. Shortly after the buyout, Compare cut his hours in half and gave his shifts to a young Hispanic worker …