Greater Metroplex Interiors, a Southlake drywall and light construction company, has agreed to settle claims that it fired a female employee in retaliation for her complaints about sexual harassment and gender discrimination.
When promotion processes bypass qualified candidates, discrimination lawsuits are almost sure to follow. That’s because employees can easily poke holes in complex candidate-ranking systems, and supervisor bias emerges when promotions are on the line. If you have set criteria for promotions, make sure you follow your own rules.
Do you “play favorites” with certain employees? Most managers would probably say “no,” but people often harbor unconscious perceptions that can influence day-to-day decision-making and job reviews of the employees they manage. Several factors unrelated to employee performance can impact evaluations conducted by managers.
Do you "play favorites” with certain employees? Most managers would probably say “no,” but people often harbor unconscious perceptions that can influence day-to-day decision-making and job reviews of the employees they manage. Several factors unrelated to employee performance can impact evaluations conducted by managers.
The 3rd Circuit Court of Appeals has issued an opinion that may result in many more sex discrimination lawsuits at work. The case allowed an avowedly homosexual man to file a sex discrimination and harassment lawsuit based on his effeminate mannerisms—even as the court reiterated that sexual orientation isn’t covered by Title VII.
The 7th Circuit’s recent opinion in Martino v. MCI represents the first opportunity for that court to apply the U.S. Supreme Court’s recently clarified standard for determining liability in disparate-treatment cases brought under the ADEA. Together, the two decisions make it harder for employees to win some age discrimination lawsuits.
One good way to eliminate discrimination lawsuits is to have the same manager who hired an employee also handle the termination if you need to let the employee go.
Age-discrimination lawsuits have shot up in recent years, climbing 29% last year alone. But a recent pro-business ruling by the U.S. Supreme Court will make it harder for employees to prove age bias in the workplace. Employee advocacy groups are crying foul.
Employees who are terminated for disciplinary infractions often claim they were singled out because of bias against some protected characteristic. But the fact is, every employee belongs to some protected class—whether based on sex, age, race, disability or another characteristic. The only way to protect against discrimination lawsuits is to thoroughly document every disciplinary action.
A court has ruled that employees who file harassment and discrimination lawsuits can’t tack on charges of negligent infliction of emotional distress. Instead, the court said emotional damage claims allegedly caused by negligence are the sole province of the New Jersey workers’ compensation system.
In an important employer victory, the U.S. Supreme Court ruled in June that for employees to successfully bring Age Discrimination in Employment Act (ADEA) lawsuits, they must now show that age discrimination was the cause—not just one of several possible contributing factors—of their termination or other adverse job action.
Siding with employers, the U.S. Supreme Court recently ruled that union contracts could bind employees to arbitrate discrimination claims under federal law. The court ruled against a group of fired night watchmen in New York who wanted to pursue age discrimination lawsuits in court.
The EEOC and state and local agencies have been filing more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond:
There’s a silver lining to the rising number of employment lawsuits: Courts are losing patience with applicants, employees and former employees who file discrimination lawsuits that have no basis in reality. Recently, the 6th Circuit approved sanctions against such employees and their attorneys.
Employers, beware: More employees are suing over so-called association discrimination, claiming their friendships or other relationships with black employees have resulted in discrimination against them, in addition to their acquaintances. Recently, the 6th Circuit came up with guidelines for when employees can sue based on their relationships with black employees.
The EEOC and state and local agencies have been filing more administrative charges in recent years and that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly. These 10 tips will help you prepare to respond.
The EEOC and state and local agencies have been filing more and more administrative charges in recent years. As the recession deepens and more people lose their jobs, that trend is likely to continue. Because administrative charges can be precursors to discrimination lawsuits, it’s critical for you to handle them properly.
There’s a silver lining to the rising number of employment lawsuits: Courts are losing patience with applicants, employees and former employees who file discrimination lawsuits that have no basis in reality. Recently, the 6th Circuit Court of Appeals approved sanctions against such employees and their attorneys.
Is your company vulnerable to employees’ claims that they weren’t paid the right amount due to company policy or discrimination? Now’s a dangerous time to answer “yes” or “I don’t know.” Reason: A perfect storm of trends is prompting more U.S. workers to pursue their pay-related claims in court.
Older employees who learn they might be laid off for economic reasons—especially those who have recently spoken with an employment lawyer—have begun trying an interesting tactic: They’re volunteering to work for less pay. Take those offers seriously.
Dulzia Burchette, a black former saleswoman for the preppy-glam Abercrombie & Fitch clothing store chain in New York City, is suing the Ohio-based retailer for racial discrimination.
President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, making it easier for women and others to sue for pay discrimination that may date back decades. Drafted in response to a 2007 U.S. Supreme Court decision that said employees had at most 300 days to file pay discrimination complaints, the new law counts each unfairly low paycheck as a fresh discriminatory act.
Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.
If some of your managers and supervisors steer career and business opportunities to favored subordinates and keep others from finding out about them, watch out. If those missed opportunities wind up depriving employees of potential financial rewards, that could lead to discrimination lawsuits.
The 111th Congress wasted no time signaling its intention to enact employment law legislation that dramatically favors employees, quickly passing both the Ledbetter Fair Pay Act and the Paycheck Fairness Act. They promise equal pay for equal work. Find out why business and HR groups oppose both measures.
As the impact of the global economic crisis takes hold, a quarter of U.S. employers expect to make layoffs in the next 12 months. Find out how employers nationwide are hunkering down—and the HR lessons you can apply to your organization.
Although North Carolina is an at-will employment state—that is, employees can be fired for any reason or no reason at all as long as it is not a reason prohibited by law—that doesn’t mean that there aren’t exceptions. One of those is the so-called “public policy” exception, which allows employees to sue for wrongful discharge if their firings violate North Carolina public policy.
Change. America voted for it, and the HR world will certainly receive its fair share next year. The arrival in Washington of President-elect Obama and a firmly Democratic-controlled Congress will spark an array of legislative and regulatory proposals that could rewrite the employment law rule book.
Change. America voted for it, and the HR world will certainly receive its fair share next year. The arrival in Washington of President-elect Obama and a firmly
Democratic-controlled Congress will spark an array of legislative and
regulatory proposals that could rewrite the employment law rule book.
As the impact of the global economic crisis takes hold, a quarter of U.S. employers expect to make layoffs in the next 12 months—if they haven’t already done so. However, most companies are focusing on increased employee communication and smaller cost-saving measures.
Employers who end up losing discrimination lawsuits don’t just pay their own legal fees—they often pay the winning side’s fees, too. Always consider the ultimate cost before rejecting a settlement offer, or before pushing your own attorneys to appeal a case.
New York state law prohibits discrimination based on actual or perceived sexual orientation. Employers can protect themselves from needless discrimination lawsuits by introducing a robust anti-discrimination policy and a clear and effective process for resolving complaints. Acting fast is the key ...
When Barack Obama takes office in January, get ready for the most sweeping employment-law changes the HR world has seen in years. Attorney Mike Fox walks you through the legislation likely to reshape HR, possibly even in the first 100 days of the Obama administration. Here’s how to prepare.
When Barack Obama takes office in January, it may signal a time of
enormous change for the world of labor and employment law. Depending on
how many Senate seats Democrats control, here are two potential
scenarios for change, the eight key legislative issues in the hopper
and what you can do right now to prepare.
Election Day could usher in enormous changes to the world of labor and employment law. Here are the three potential scenarios for change, the eight key legislative issues in the hopper and what you can do right now to prepare ...
New York City employers, beware: The sky may be the limit for discrimination damage awards. Federal law limits punitive damage awards in Title VII discrimination lawsuits to no more than $300,000 for large employers. New York state law doesn’t allow them at all. But the New York City Administrative Code discrimination provisions allow juries to award unlimited punitive damages ...
Under no circumstances should supervisors discourage employees from voicing concerns. Nor should they get angry or defensive if an employee hires an attorney. It’s not personal—and reacting as if it is can spell trouble. Remember, the attorney probably told the employee to track company reaction and to report back on any possible retaliation ...
The best way to avoid employment discrimination lawsuits: Make sure managers encourage employees to come forward with their concerns and complaints. Doing so shows that the company takes discrimination seriously, allows it to fix genuine problems fast and cuts the risk of a lawsuit down the line ...
Colorado is one of a handful of holdouts in the battle between federal and state governments over verifying the status of immigrant workers. The U.S. Department of Labor’s “guidance letter” issued in November 2007 directed labor departments in 12 states to verify farm workers’ eligibility before allowing them to enter the workforce ...
Sometimes employers need to get a feel for exactly how a candidate will react under stress. For jobs such as police officers, it’s appropriate to assess behavior and make subjective performance assessments. Beware, however, that subjective hiring processes often invite discrimination lawsuits from rejected applicants ...
Migraine headaches can be serious business—sometimes requiring FMLA
leave. But what if you discover that your migraine-suffering employee
used her FMLA time to cut lawns at her side job? An Indiana employer
facing that situation recently handled that situation aggressively—and
legally …
Employers that take the time to create good paper trails seldom lose discrimination lawsuits. Those who can show the rationale behind a decision find that few employees can come up with anything to counter that rationale ...
We’ve said it before and we’ll say it again: Nothing wins lawsuits like good records. Tell all managers and supervisors that HR won’t approve any disciplinary action without a copy of the documentation used to justify the decision ...
Sometimes, you can tell how seriously to take an EEOC or other discrimination complaint by checking to see if the employee (or applicant) has filed other discrimination lawsuits in the past. If the complaint turns into a court case, an employee’s pattern of frivolous litigation may become powerful evidence a judge or jury will want to consider ...
The floodgates of association discrimination lawsuits are slowly opening. Although the following case ultimately was dismissed because the employee couldn’t show he was harmed or that the company engaged in discriminatory hiring practices, it serves as a powerful reminder that lawsuits can come from just about any employee ...
When it comes to discrimination lawsuits, the earlier they are dismissed, the better. That’s one reason you don’t want to give a judge any incentive to send a case to a jury. Of course, deviating from your own company rules is one of those things that often leads judges to order a jury trial ...
Many companies design succession plans so they can spot the next generation of leaders early and develop current employees to their full potential. But if everyone tapped for special treatment comes from the same race or gender—or the chosen group excludes older workers or the disabled—employers may find themselves facing discrimination litigation ...
Generally, employees have to file discrimination lawsuits soon after an adverse employment decision or act of harassment. But sometimes employees can go far back in time if they can tie a recent event to past events. If that happens, a jury may get to hear a litany of complaints, each adding weight to the other ...
Here’s some good news from the litigation front. In some cases, employees who file frivolous discrimination lawsuits may actually end up reaching into their own wallets—to pay their employers’ legal fees ...
Not many employers discriminate against members of the majority, but that doesn’t mean it never happens. In fact, white employees do file reverse-discrimination lawsuits, claiming they have been singled out for poor treatment or harassment due to their race. Ironically, a work force that is more diverse may be at greater risk for such lawsuits ...
Employees who win discrimination lawsuits against their former employers sometimes are entitled to more than money. In the right circumstances, they are entitled to other things to make them “whole” again, including positive references, notice when a prospective employer contacts the former employer and changes to the separation notice ...
Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor ...
The U.S. Supreme Court issued a long-awaited ruling on whether employees can use so-called “me too” testimony when arguing their job-discrimination lawsuits. The high court showed some favor with the employees’ view, but sent the case back to the lower court for more review.
In a decision that could spark more lawsuits against retirement-plan administrators, the U.S. Supreme Court ruled on Feb. 20 that participants in 401(k) plans can sue to recover losses if they think their account was mismanaged ...
It’s not discrimination for an employer to offer training to some employees but not others—if the training doesn’t lead to greater pay, advancement opportunities or other tangible benefits. Simply put, employers don’t have to worry about discrimination lawsuits if their decisions are based on solid business reasons ...
Discrimination lawsuits can take years to resolve, and memories fade over time. That’s one reason to take careful notes during your initial investigation. Be sure to record exactly what the alleged victim says happened. You don’t want to be blindsided later ...
Maria Pineda worked for Bath Unlimited although she didn’t have legal work papers. Two weeks after Pineda divulged her pregnancy, Bath fired her. A court ordered a jury trial, which will focus on pregnancy bias, not her illegal status ...
Just about everyone with an ounce of ambition wants to be promoted. But in most organizations, there’s only so much room for managers and supervisors. Still, failure to win a promotion is one of the most frequent triggers for discrimination lawsuits. That’s why HR should carefully track every employee’s performance and progress ...
Many discrimination lawsuits are the direct result of poor performance appraisal processes. A supervisor who is eager to maintain a cordial and productive workplace may hold back on legitimate criticism to avoid rocking the boat. This tactic can backfire badly once a new supervisor begins enforcing productivity rules and downgrades an employee previously rated “stellar.” If that employee is also a member of a protected class, look out ...
While it may be unlawful to employ illegal immigrants under the Immigration Reform and Control Act, that doesn’t mean undocumented employees can’t sue for alleged employment discrimination based on other factors, such as pregnancy. Federal courts will still entertain discrimination lawsuits, ignoring illegal status ...
While being the only Hispanic, black or woman in a workplace may be uncomfortable, it doesn’t show that your employer practices discrimination. It takes more—such as statistical proof that the local labor pool includes other members of the employee’s protected class and that the organization employs a disproportionately lower number than should be on the payroll ...
Can your organization produce concrete evidence backing up every disciplinary decision it’s made? You need a tracking system that does just that. Here’s why ...
Electronic Data Systems Corp. (EDS), based in Plano, announced that it would offer early retirement to 12,000 eligible U.S. employees. The technology systems management and services company, which has approximately 136,000 employees in 64 countries, is making the offer in order to reduce costs ...
As baby boomers age, more Americans say they expect to keep working longer than their parents did. That means more older job applicants—and more age-related lawsuits. Defend against this coming onslaught by taking extra care to document your disciplinary decisions to make sure age isn’t a factor ...
In a term that will be dominated by cases concerning Guantanamo detainees and the power of the Executive branch, the U.S. Supreme Court will also hear an important case involving employment discrimination.
A federal jury has awarded a Tyson Foods supervisor $1 million, illustrating again that preventing racial discrimination is much cheaper than trying to litigate your way out of a preventable lawsuit. Take this opportunity to remind managers that what they say does matter.
Dow Chemical Co., based in Midland, has announced it will adopt a cash-balance plan for new employees, making it the largest employer to do so since Congress passed legislation last year protecting new plans from age-discrimination lawsuits ...
HR Law 101: Passage of the Fair Minimum Wage Act of 2007 marked the first boost to the federal minimum wage since 1997. In July 2007, the federal minimum wage increased from $5.15 to $5.85 per hour, with additional raises scheduled over the next two years: to $6.55 on July 24, 2008, and to $7.25 on July 24, 2009.
Today, companies commonly emerge stronger and more competitive after filing for bankruptcy. An additional, unintended benefit may have a substantial impact on the HR office ...
Most HR professionals recognize the legal risks of hiring outside applicants, but they often let down their guard when it comes to internal promotions ...
Have a no-dating policy at your workplace? If the answer is “no,” it may be time to consider one. While some office romances may seem innocent enough, trouble can follow an ugly breakup between co-workers. That’s why it pays to have clear rules in place ...
The Centerport Fire District will pay over $350,000 to settle an EEOC age-discrimination lawsuit filed on behalf of 22 volunteer firefighters who were denied pension credit for service after age 65 ...
Train supervisors and managers to report religious and other discrimination, and be sure they know not to retaliate against anyone who does come forward. Ohio state law bars discrimination based on religion and other protected characteristics, and employees who can show they were discriminated against can collect punitive damages ...
When you have to perform
reductions in force, the best strategy for avoiding age-discrimination
lawsuits has nothing to do with a “strategy” at all—it’s all about
making sound decisions based on honest, documented employee rankings,
as telecom giant Sprint Nextel has just learned the hard way.
The ink on the U.S. Supreme Court’s latest employment-law decision was barely dry before the court voted to hear yet another important employment-discrimination case—this one concerning age discrimination.
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 ...
If you plan to lay off employees, structure early-retirement offers carefully to avoid age-discrimination lawsuits. In particular, avoid making "take-it or leave-it" offers that force employees to choose between resigning with a severance package or being terminated ...
Workplace humor is fine until it drifts into the realm of gags about employees' gender, race or religion. Even age-based jokes can trigger lawsuits. Although few employees will win age-discrimination lawsuits based on a joke or two, such juvenile behavior can take an otherwise marginal case and give it legal legs ...
Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That's a recipe for an Age Discrimination in Employment Act lawsuit ...
Employers who use light-duty programs to cut workers’ compensation costs often make one big legal mistake: They apply their policies haphazardly, allowing some employees to take light-duty jobs, but not others. That inconsistency is the fastest way to trigger discrimination lawsuits ...
To support sex discrimination lawsuits, employees must do more than claim their supervisor had a “sexist attitude.” Without more proof of job-related impact, complaints about supervisors with attitude aren’t enough direct evidence ...
Section 1981 of the Civil Rights Act of 1866 has become an increasingly common route for African-Americans to bring to federal court a variety of discrimination claims not covered by Title VII. But claims of national-origin discrimination aren’t allowed under Section 1981...
HR Law 101: The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination on the basis of "pregnancy, childbirth and related medical conditions." Employers can't deny a woman a job or a promotion merely because she's pregnant or has had an abortion ...
HR Law 101: Workplace dress codes touch on a variety of issues, including workplace safety, freedom of speech, personal hygiene, customer relations, religious freedom, the minimum wage and racial and gender stereotypes. Employers have a number of legitimate reasons for imposing a dress code, but court rulings have limited their options...
As an employer, you can't always wait on a background check before offering a job, so you have to rely on applicants' oral and written statements to make the offer. But when the background check comes back to reveal that the person lied, you have the absolute right to terminate that individual for dishonesty ...
While many employees view a transfer to a different location as a positive career move, others don't see it that way. Some employees may assume discrimination in what your organization thinks of as normal career development ...
More organizations are establishing mandatory arbitration agreements that require employees to arbitrate employment disputes rather than go to court. But if you're considering such agreements, make sure they contain language that covers events that occurred before you put the arbitration policy in place ...
Your company has employment practices liability insurance (EPLI), so it's covered in case of any employee lawsuit, right? Not so fast. The fine print in an EPLI policy can turn an apparently strong lawsuit shield into a worthless piece of paper ...
Even though some provisions of the new landmark pension law don't take effect for 16 months, HR professionals need to start educating themselves immediately. The changes amount to the most sweeping reforms of pension law in more than 30 years ...
Employers that want to trim their work force often sweeten the exit with severance payments. In exchange, employees sign away rights to lawsuits they may otherwise have contemplated. But what about employees who already have pending employment discrimination lawsuits or EEOC or state agency complaints? ...
The New York Human Rights Division is facing age and race-discrimination lawsuits by two former employees who say they were tossed out for being old and white ...
If you hire emotionally disabled employees, be sure to integrate them into your regular staff meetings and events. Avoid treating them as a separate (even if equal) component of your work force ...
At long last, Congress passed the biggest pension reform law in years! The massive new Pension Protection Act of 2006, which President Bush signed into law on Aug. 17, extends more than 20 retirement planning provisions, adds tough restrictions for charitable deductions and affects literally dozens of vital tax rules.
The massive new Pension Protection Act of 2006 extends more than 20 retirement planning provisions, adds tough restrictions for charitable deductions and impacts literally dozens of vital tax rules.
Issue: Very precise wording is needed when employees waive their rights to sue for age discrimination. Risk: Employers often treat age-bias waivers like any other waiver, a critical mistake that ...
Issue: A new Supreme Court ruling ratchets up your vulnerability to federal age-discrimination lawsuits. Risk: Employees no longer need to show a "smoking gun." Even policies that inadvertently discriminate can ...
Don't treat temporary workers like second-class citizens when it comes to complying with employment laws. Contrary to popular belief, your organization isn't protected from job-discrimination lawsuits simply because the workers affected ...
Issue: Whether a marketing strategy can, or should, dictate your organization's hiring practice. Risk: Any hiring strategy that appears to discriminate against a protected class is fair game for EEOC ...
A little-noticed provision in the new tax law will benefit employers who are looking to settle discrimination lawsuits for the lowest possible amount. Victorious plaintiffs in discrimination cases can now ...
The U.S. Supreme Court opens its new session Oct. 4, but so far, employment issues are taking a back seat to cases ranging from juvenile executions to wine trading. Expect the ...
Issue: A poorly worded insurance policy can spark age discrimination lawsuits. Risk: If your policy excludes members of a protected class (age, race, gender, etc.)...
Issue: In harassment and discrimination lawsuits, courts examine whether your training is effective, frequent or formal enough. Risk: Simply having a ...
Employers are very leery about firing pregnant employees, and rightly so. But don't let your lawsuit fears paralyze you from taking legal, appropriate actions. In short, federal law requires that ...
Issue: A key new ruling says your organization can offer benefit packages designed specifically for older employees. Benefit: More flexibility to set employee perks; eliminates the fear of "reverse" age ...
Your organization can defend itself against race discrimination lawsuits in many ways, but a recent ruling illustrates how three excuses will flop in court ...
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 ...
Issue: Courts won't consider a manager "insubordinate" for ignoring a boss's order if the manager believes the order is discriminatory. Risk: Increases danger of retaliation ...
Demand that managers give higher-ups clearly articulated business reasons for any impromptu medical tests they want employees to take. Often, courts will see these ...
Respond to "age slurs" by any employees, even if the worker making the remark is older than the person who was slurred. As a recent case shows, over-40 employees can ...
To avoid becoming the target of discrimination lawsuits, you need to protect your credibility as a leader and manager. Reason: It's one of the top ways plaintiffs' attorneys ...
Employees typically file race discrimination lawsuits under Title VII. But 20 percent of the work force is employed by companies that are exempt from the law because of their size ...
Can employees file age-discrimination lawsuits based on the fact that a company's action, while not discriminatory on its face, has an unfair impact on workers over age 40? In a handful ...
Jackie Lauture, an African-American, was an at-will employee at IBM for 16 years before she was fired for poor performance. She sued for race discrimination ...
