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Discrimination / Harassment

EEOC Targeting Cases of Years-Old Discrimination

02/01/2006

Don’t think that an employee who quietly suffers name-calling for years can’t sue. Courts and the EEOC won’t be swayed by your argument that "he put up with it for 20 years, so how bad could it have been?" …

Make sure your physical tests gauge realistic demands of the job

02/01/2006

Any tests you use to screen applicants should relate to the job, and you must be prepared to prove that they do. If you can’t and a protected group of workers (e.g., women, minorities) tend to score poorly, you’re just asking for a lawsuit …

Pregnancy is no joking matter; ‘Prego’ is akin to a racial slur

02/01/2006

If your supervisors think little jokes about pregnancy and childbirth are nothing but harmless banter, set them straight. Use the following case to remind them that singling out pregnant employees is legally dangerous …

Beware false promises in handbooks; explain ‘what,’ not ‘why’

02/01/2006

Just the facts, ma’am. Your employee handbooks should clearly state your organization’s rules and benefits without including any excess or superfluous language. If you embellish the document with needless explanations, you may end up eating your words …

Hiring licensed applicants? Check for violations that revoke the license

02/01/2006

When hiring people who need to possess certain licenses, make sure you do more than just check that the applicant holds the license. Your application process should include a background check into any violations that could lead to a license revocation …

 

EEOC restructuring may lead to more job bias lawsuits

02/01/2006

The EEOC last month began repositioning its field office structure, aiming to enhance its enforcement presence and improve customer service. The agency will reduce the number of managers in its field offices and increase front-line staffing for investigations …

Office romance: Don’t ban it; manage it the right way

02/01/2006

Title VII of the federal Civil Rights Act prohibits employment discrimination based on a person’s sex. When office romances sour, scorned lovers often use this law to allege that their former lover was a sexual harasser …

Keep ‘Customer Preference’ Out of Your Hiring Criteria

02/01/2006

Make sure your hiring managers understand that basing hiring decisions on the prejudices of your customer base is a sure way to land in court. Applicants’ race, age, sex or religion should always be irrelevant. Courts won’t be swayed by claims that customer preferences forced your hiring hand …

Revise your overly complex employee review methods

02/01/2006

If your evaluation procedures are too complicated, employees may question whether they’re being treated fairly. Mild suspicions can quickly grow into expensive discrimination lawsuits, as a new court ruling shows …

Female worker replaced by a female may still pursue sex bias case

01/01/2006

You may think that your organization is immune from a sex discrimination lawsuit if you hire a female employee to replace a fired female. But such "free passes" don’t automatically exist … and your supervisors should know it …