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Discrimination / Harassment

Will your anti-retaliation policy pay off?

04/01/2005
When it comes to handling employee complaints of unfair treatment, you’d better have a policy and a procedure in place to handle retaliation claims.
That’s the $520,000 message a federal …

3 provisions NOT to include in your sexual harassment policy

04/01/2005
Some judges interpret policies, including those on sexual harassment, as enforceable contracts between employer and employee. To prevent charges that you didn’t live up to your side of the bargain in …

Personality tests don’t trammel constitutional rights, but beware risks

04/01/2005
Many employers use personality tests to identify job-related characteristics, such as maturity or emotional stability. But these tests can carry legal risk when applied incorrectly.
If you use personality tests, …

New law aims to stem the tide of mega class-action lawsuits

04/01/2005
Employers won a big victory when President Bush signed legislation
Feb. 18 that aims to inject more fairness in the class-action lawsuit arena. The Class Action Fairness Act of 2005 …

Terminating smokers: When there’s smoke, can you fire?

04/01/2005
Ever since media reports focused earlier this year on a Michigan company’s strict policy banning smokers on staff, many employers have asked the question: “Can we, should we, do the same?” …

Paying men more than women with the same job titles?

04/01/2005
Issue: As a new ruling shows, a female’s job must be “virtually identical” to a male’s to support an equal-pay lawsuit.
Benefit: You don’t have to fear paying different wages …

The 3 things NOT to say in your sexual-harassment policy

04/01/2005
Issue: The words you leave out of your sexual-harassment policy are as important as those you put in.
Risk: Imprecise, or too precise, wording can paint you into a corner …

Where your religious-accommodation responsibilities stop

04/01/2005
Issue: How far must you go to oblige an employee’s religious practices under federal job-discrimination law?
Benefit: A new ruling says that you don’t need to accommodate religious requests when …

Warn managers not to hire on ‘gut instinct’ alone

04/01/2005
Issue: Establishing quantifiable criteria for making hiring decisions.
Risk: Applicants have an easier time winning hiring-bias lawsuits if they can point to weaknesses in your stated reasons for hiring.
…

Warn managers: no ‘one-sided’ socializing

03/01/2005
Supervisors may naturally feel more comfortable with employees from one gender or the other. But, as a new court ruling shows, it’s important to counsel supervisors never to hold members of …