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Discrimination / Harassment

Stick to objective standards to avoid needless litigation

06/01/2007

If your organization is like most, you want to promote from within to build morale and reward hard work. How you handle those promotions can spell the difference between a harmonious and productive workplace and a discordant one, rife with jealousy and resentment …

Quickly correct payroll deduction errors to avoid gross-Negligence suits

06/01/2007

Nothing upsets employees more than opening their pay envelopes and discovering their checks are for less money than they expected. But errors do happen. When they do, it’s important to act quickly to fix the problem …

When religion may prevent dress code compliance, check further before discipline

06/01/2007

Employers can establish reasonable dress code requirements, including grooming standards. However, it’s not an absolute right … If an employee cites religious reasons for not complying with the dress code, look further. Don’t automatically discipline …

Classic case of age discrimination costs Lucent $195,000

06/01/2007

A 55-year-old estimator who was laid off after 34 years with Lucent Technologies, based in Murray Hill, won a significant settlement in a textbook age-discrimination case …

N.J. working women earn petite paychecks

06/01/2007

College-educated women in New Jersey earn 66 cents for every dollar earned by similarly educated men, the second-largest pay gap in the nation after Louisiana. Nationally, college-educated women average 69 cents on the dollar. …

When is an employer liable for an employee’s discriminatory comments?

06/01/2007

In April 2007, radio talk show host Don Imus made racially disparaging remarks about the Rutgers women’s basketball team on the “Imus in the Morning” show. The Imus experience serves as a high-profile example of how discriminatory comments can have serious consequences when made in an employment setting …

Include complainer’s actions in sexual harassment investigation

06/01/2007

Sooner or later, you’ll be deep in a sexual harassment investigation. When you are, make sure you look at everyone’s words and actions, not just the alleged harasser’s. It’s especially important to get a complete picture if you sense that the employee who came forward with the complaint was actively participating in what she’s now alleging was sexual harassment …

Fund managers bring whistle-Blower suit against Prudential

06/01/2007

Two former mutual fund managers are suing Prudential Financial, claiming the company violated state and federal whistle-blower laws …

Dust off your harassment policy or face the jury

06/01/2007

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company …

‘Soft’ termination rationale increases chance of jury trial

06/01/2007

Does your disciplinary policy call for dismissing employees who coerce or intimidate other employees? Understand that firing an employee for violating such rules might make a jury trial more likely …