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Discrimination / Harassment

In RIFs, Show That Economics (Not Age) Drove Your Decision

04/01/2007

Age discrimination cases are on the rise, with more employees suing under the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act …

To prevent retaliation claim, check back within weeks following employee’s complaint

04/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

Ignoring Harassment Policy Can Lead to Double-Trouble

04/01/2007

Texas employees and their attorneys have found a way around the federal caps on damages in sexual-harassment cases. Instead of going to federal court, plaintiffs sue in Texas state courts under the Texas Labor Code and add claims of negligent hiring, retention and supervision …

Seminary President Faces Suit Over ‘No-Women-in-Charge’ Rule

04/01/2007

Dr. Sheri Klouda taught biblical Hebrew at the Southwestern Baptist Theological Seminary in Fort Worth for seven years. Her tenure-track position, however, apparently derailed when a new president took over the seminary …

Instruct managers: Make and retain interview notes

04/01/2007

If your managers conduct interviews, whether by phone or live, it’s a good idea to remind them to take and keep good notes of those discussions. They’ll need them in case an applicant (or internal candidate) sues …

It’s harder for staff to block discipline using ‘Junk’ claims

04/01/2007

The New Jersey Law Against Discrimination (LAD) makes it illegal to retaliate against employees simply because they’ve filed a discrimination complaint. Employees know this law. So, all too often, employees who are having trouble at work file an internal complaint as a preemptive strike …

Keep good records of employee leaves; workers have three years to file FMLA suits

04/01/2007

It pays to keep some records longer than you think you’ll need them. For example, any notes, correspondence, medical certifications and other documents related to an employee’s FMLA leave request should be kept a minimum of three years …

Employee acting out of character? Balance safety, liability

04/01/2007

An otherwise good employee is acting out of character, and you think she needs help. Do you insist she contact the employee assistance program (EAP), and send her home? …

Former HR exec wins $9 million in gender-Bias lawsuit

04/01/2007

Curtiss-Wright Corporation was ordered to pay $9 million to former HR exec Joyce Quinlan after a Newark Superior Court jury found that the company denied her promotions because of her gender and then fired her when she filed a complaint …

The fine line between humor and harassment in Passaic County

04/01/2007

How do you know where to draw the line between workplace humor and harassment? The answer: You don’t get to make that choice. Harassment, like beauty, is in the eye of the beholder. And it begins when somebody decides they’ve had enough of the “jokes” …