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Employment Law

Not so funny: Pinnacle Amusements charged with bias

04/28/2010
Charlotte-based Pinnacle Amusements will have to defend itself against charges it created a racially hostile work environment for black workers.

OK to differentiate between probationary, other employees

04/28/2010
Occasionally, you can tell early on that an employee isn’t going to work out. Perhaps she doesn’t seem to be catching on very well, or maybe she treats co-workers or supervisors with disrespect. While you might put up with some level of poor behavior from a proven long-term employee, you don’t have to do so with a probationary one.

Document all personality conflicts–your records could disprove discrimination in court

04/28/2010

Employees don’t always get along with their bosses. Personality conflicts can destroy morale and create tension that kills productivity. Plus, when a subordinate belongs to a different protected class than his supervisor, the subordinate may suspect some form of discrimination. That’s why you should document personality conflicts—even if you’re sure bias isn’t the cause.

Don’t marginalize harassing behavior–you could trigger constructive discharge suit

04/28/2010

If you haven’t already done so, now is a good time to remind everyone in HR to avoid playing down or dismissing the impact of supervisor harassment on employees. It may be tempting to tell a complaining employee that she’s making a mountain out of a molehill. But understand that telling an employee she should get over it and return to work may prompt her to quit—and then sue you.

Ensure workers know how to report harassment

04/28/2010

One of the best ways to protect your organization from sexual harassment lawsuits is to make sure all employees know what sexual harassment is and what to do about it. The more you publicize the policy, the harder it will be for an employee to argue she didn’t lodge a complaint because she didn’t know she should.

Change company culture to stop sex bias suits

04/28/2010

When it comes to sex-based stereotyping, some industries are more resistant to change than others. The “company culture” may be a bastion of outdated beliefs about what women can and cannot do. Decision-makers may not even fully understand that their preferences for hiring employees of one gender can create liability. If that’s the case where you work, you may want to use the following case to explore that corporate culture—and then push to change it.

Ring of fire: Don’t get burned by a reference call

04/28/2010
We’ve all picked up the phone and been asked to give a reference about a former employee. For some, you’re glad they are out of your hair and it’s too late for them to sue you. So you’re honest about the person. But be careful. As a new case shows, it may never be too late for a former employee to take you to court …

How a boss’s Kwik-E-Mart trip cost $100K

04/27/2010

Employment law risks don’t disappear the minute your managers leave the building at the day’s end. Those risks follow managers around constantly. That’s why you should make clear to supervisors that they should never discuss personnel matters outside the workplace—even at the corner Kwik-E-Mart.

Supreme Court clarifies when cases move to fed court

04/27/2010
The U.S. Supreme Court issued a ruling on Feb. 23 that helps clarify when employers can remove a lawsuit from a state court to have it heard in the friendlier confines of federal court. The ruling is good news—especially for large, multistate employers.

Miami-Dade enacts first county ‘wage theft’ law

04/26/2010
Miami-Dade County last month became the first county in the nation to pass a “wage theft” law—and it likely won’t be the last. The ordinance says a wage-theft violation occurs when an employer fails to pay any portion of wages due to an employee. It allows the county to step in to help workers win back pay.