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Discrimination / Harassment

Take ‘same race’ bias complaints seriously

11/01/2003
Issue: Managers sometimes ignore bias claims when the “discriminator” and the “discriminatee” are from the same protected group. Risk: Your organization is liable under bias claims regardless of who makes …

Play it safe: Craft policy banning supervisor/subordinate relationships

11/01/2003
Issue: Personal relationships between employees and their bosses are ripe conditions for legal trouble.
Risk: Any form of quid pro quo (“this for that”) exchange of sexual favors for job …

Firing for ‘moral issue’ is legal but unwise

11/01/2003

Q. Our church day care center hired a woman who, we later found out, was living with a married man. Our director had “moral issues” with this situation and terminated her. I think the termination was illegal. Was it? —L.T., Florida

Mind your P’s and P’s: Patience and proof are best defense against lawsuits

10/01/2003
Some managers are reluctant to discipline minority employees or others in “protected” classes. That’s not smart, and it can come back to haunt you if you don’t discipline all employees evenly. …

Employee ‘odor policy’ doesn’t pass the smell test

10/01/2003
Courts typically say that grooming policies (such as those that deal with hair or beards) violate federal discrimination law if they disproportionately affect
a protected class and if the company …

Supreme Court outlook: 4 key employment cases to watch

10/01/2003
The U.S. Supreme Court historically starts new terms on the first Monday in October. This year, for
the first time in three decades, it began work in September. Reason: to …

Beware hidden risks of rÃ??sumÃ??-scanning software

10/01/2003
Issue: Programs that scan rÃ??sumÃ??s and applications can speed the hiring process but open you to bias lawsuits.
Risk: Your system could, unknowingly, reject a disproportionate number of applicants from …

Get tough on horseplay, banter; courts will

09/01/2003
You’ve got a new reason to take a harder line on sexual banter and crude antics in the workplace. One of the most conservative courts of appeal sent a clear message …

To claim religious bias, worker must first voice need for accommodation

09/01/2003
A person’s religion is not like his sex or race, something obvious from a glance. That’s why Title VII imposes a duty on workers to provide fair warning of any employment …

Spot check your workplace for offensive material

09/01/2003
The EEOC is suing a Pennsylvania steel plant for condoning sexual harassment by allowing offensive pictures, posters and calendars in the office. The lawsuit claims a shipping clerk and other female …