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Discrimination / Harassment

Caro Carbide faces suit for sexual harassment, retaliation

02/01/2008

Since 1979, Donna Smith had worked as a shipping and receiving clerk for Caro Carbide Corp., a carbide machine shop in Troy. From 1988 forward, Smith claims co-worker Timothy Sylver displayed pornographic photos and made lewd gestures and comments toward her at work …

Mandatory arbitration agreements won’t always save you money

02/01/2008

Civil court cases can cost employers large amounts of time and money to resolve. Increasingly, employers have embraced arbitration as a way to curb these costs. But before you have all employees sign arbitration agreements, be sure to consider all the costs. You may find that arbitration isn’t the cost-effective strategy you think it is … 

Representing the company at EEOC or MDCR

02/01/2008

Q. A former employee has just filed a discrimination charge against us with both the EEOC and the Michigan Department of Civil Rights (MDCR). We are a small company, and the owner has suggested that we respond to the charge ourselves without using an attorney, as we previously have done in unemployment compensation cases. Is there any reason we should not represent ourselves in this case? …

Stay out of court by establishing clear job-Posting rules

02/01/2008

If, like many organizations, you try to promote from within, make certain you have a clear process that someone in HR oversees. Otherwise, managers and supervisors who have specific people in mind for promotion may “tip off” some employees while leaving others in the dark, opening the possibility of discrimination claims …

Similar jobs with different pay may be EPA trap

02/01/2008

Here’s a trap that may catch you unaware unless you regularly compare jobs and who actually holds the positions. If two jobs are roughly comparable, but mostly women hold one of the jobs and mostly men hold the other and you pay one more than the other, you are asking for trouble …

You can require ‘Cultural authenticity’ in some circumstances

02/01/2008

Some retail and service establishments strive to create an authentic experience for their customers. That may mean they seek out employees who can best create that experience. That “cultural authenticity” may be a bona fide occupational qualification, and rejecting applicants who don’t fit the mold may be legal. But don’t go overboard and eliminate everyone who doesn’t look or act authentic …

Parks manager pleads guilty to downloading child porn

02/01/2008

Hillsborough County Parks Manager Thomas Goins is in jail after pleading guilty to downloading child pornography. A co-worker who found disturbing images on Goins’ work laptop alerted authorities …

Jacksonville pastor faces sexual misconduct charges—Again

02/01/2008

Darrell Gilyard, head of 700-member Shiloh Metropolitan Baptist Church, is in hot water for a second time over charges of sexual misconduct with members of his flock …

EEOC record race-Bias case sends ‘Powerful message’

02/01/2008

Lockheed Martin agreed last month to pay $2.5 million to settle a race discrimination suit brought by a black employee who was subjected to racist graffiti and oral harassment, including use of the “n” word and threats of lynching. The settlement is the largest award ever obtained by the EEOC for a single person in a race-bias case …

Tennis coach’s firing serves up lesson in employee discipline

02/01/2008

Progressive discipline is a system in which penalties increase upon repeat occurrences. But don’t pick and choose which employees you run through progressive discipline. It’s critical to apply those procedures to all employees or none, as this new case shows …