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Discrimination / Harassment

Clarify that promotions are based on business need

04/01/2008
Many companies have well-publicized promotion-from-within policies that encourage hard work, additional training and preparation to move up. If that’s the case at your organization, make sure you aren’t promising too much. Controlling employee expectations can lower the risk of litigation …

Carefully justify pay differential between women and men

04/01/2008
The Equal Pay Act (EPA) requires employers to pay the same to male and female employees who perform jobs requiring equal skill, effort and responsibility. The EPA allows employers to adjust pay rates for legitimate business factors “other than sex.” To use experience as the reason for different pay rates, the employer should create a compelling record showing exactly what kind of experience it considered …

Tough new boss? Make sure everyone is treated ‘By the book’

04/01/2008
Sometimes, organizations have to shake up the troops. If productivity had been below par and attitudes poor, a new boss who takes a hard line may be just what the company needs. As long as the new supervisor doesn’t single out employees who are members of a particular protected class, there’s nothing wrong with a heavy dose of “follow the rules” management …

Routinely document poor performance—Just in case

04/01/2008
When a supervisor says a subordinate is not performing well, make sure empirical evidence backs up that opinion. In addition, direct anyone who had to deal with the employee’s poor performance to make notes. If supervisors are called later to testify in court, notes will help them remember the details …

FGCU settles age discrimination case

04/01/2008
Florida Gulf Coast University may pay as much as $650,000 to settle an age and gender discrimination lawsuit with Johnny McGaha, former dean of the college of professional studies. When he was demoted to a professorship in 2005, McGaha, 64, said the move was retaliation …

Golden Corral faces harassment suit

04/01/2008
Four former employees are suing Raleigh, N.C.-based Golden Corral Corp. for sexual harassment they say they endured while working at a restaurant in Port Richie. The plaintiffs claim three male workers, including an associate manager, sexually harassed them repeatedly …

Ensure harassment victim knows you want her to stay

04/01/2008
Employees who believe they are enduring unbearable harassment may feel they have no choice but to resign. If that happens, they may be able to sue their employers for constructive discharge. But employers can mitigate that danger by making sure the employee understands that management wants her to stay on board while the company investigates …

Document timing of employee complaints

04/01/2008
When it comes to retaliation, timing is everything. It’s impossible for an employer to retaliate against an employee for complaining about alleged harassment or discrimination before the employer knows about it. That’s why it’s so important to note for the record the date and the exact time HR or a supervisor got a harassment or discrimination complaint …

Incapacity doesn’t extend time to contact EEO counselor

04/01/2008
Federal employees are required to contact their agency’s Equal Employment Opportunity counsel within 45 days of experiencing alleged discrimination unless circumstances beyond an employee’s control prevent her from contacting the counselor. But it takes more than a blanket “I was depressed” to win an extension …

Making a frivolous complaint is not protected activity

04/01/2008
When employees file frivolous complaints, it doesn’t count as a protected activity. That means an employee can’t set up his employer by filing a nonsensical discrimination claim and then waiting for some perceived punishment or imagined slight to create a retaliation lawsuit. Courts seem to be catching on to that common practice …