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Discrimination / Harassment

Think worker is lying about health? Ask before disciplining

07/01/2007

Employees say the darndest things. Take, for example, those who call in sick or are out on disability for conditions you strongly suspect are not quite as serious as they say …

Running background checks? Use conviction, not arrest, to exclude applicant

07/01/2007

The Illinois Human Rights Act makes it illegal to discriminate on the basis of a previous arrest record or criminal history that has been expunged, sealed or impounded. However …

Call someone ‘sweetheart,’ she might call for a retaliation suit

07/01/2007

Calling a female employee “honey” might not constitute sexual harassment, according to a recent federal ruling on a sexual-harassment case, but retaliating when someone complains about it will win you a ticket to court anyway …

Understanding religious accommodation in Illinois workplaces

07/01/2007

Illinois mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks”  …

Prevent hostile-environment lawsuits: No teasing allowed

07/01/2007

Many employees today are sensitive about their ethnic backgrounds, but may hesitate to report teasing or name-calling for fear of being seen as troublemakers. That means a lawsuit could be brewing …

Uniformity key to investigations that stand up in court

07/01/2007

When it comes to employee complaints and how your organization responds to them, uniformity is the most important factor …

Preference for religion may be illegal discrimination, too

07/01/2007

Religious discrimination need not be based on bias against an employee’s religion. The reverse is also possible …

Employees Must File Discrimination Cases Within 180 Days

07/01/2007

Two recent court decisions—one by the U.S. Supreme Court and another by  a Georgia court—mean employers may soon see a spike in lawsuits brought by employees rushing to meet a 180-day deadline for filing discrimination claims.

Brawling in the workplace? Investigate and discipline promptly

07/01/2007

While you probably have rules in place that dictate civil behavior in your workplace, you may not have a clear plan for dealing with the aftermath of an actual violent confrontation. You should …

When terminating, you don’t have to be right as long as you’re reasonable

07/01/2007

Courts aren’t set up to serve as super-personnel departments. They generally will let the experts—that’s you—decide how to manage your work force. As long as you act in good faith and believe you are doing the right thing, the courts probably won’t second-guess you …