Discrimination and Harassment

When the EEOC closes a case and sends the employee a right-to-sue letter, the employee has just 90 days to file a federal lawsuit. The clock starts ticking the day he receives the letter.

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy ...

Floridians filed 307 more discrimination complaints with the EEOC in fiscal year 2011 than they did in 2010. The greatest number of Florida complaints—3,231 in all—alleged retaliation.

Recent EEOC data don’t back up ­Cali­­fornia’s reputation as a lawsuit-happy state. They show that Califor­­nians proportionately file fewer EEOC complaints than other Americans.

It’s usually enough for an employee to file a complaint with the EEOC, which is supposed to forward the case to the appropriate North Carolina state agency. But what happens if the EEOC never forwards the complaint?

Most HR professionals assume that a warning letter isn’t an adverse employment action and there­­fore can’t be the basis for a lawsuit. And that’s largely true. But if the warning letter also mentions restrictions on how well the employee will be rated at evaluation time, there may be trouble.

Most managers want to choose the best candidate for the job. But assessing what constitutes “best” can often feel a bit subjective. That’s OK. Just make sure you can point to some objective factor that backs up your choice.

Courts have spent considerable time sorting out the impact of Title VII on defined-benefit pension programs. Does an employer have to equalize the total amount male and female retirees receive? The answer is no.

If you don’t regularly post your job openings and promotion opportunities, you are asking for trouble. Here’s why: Applicants and employees can sue if they believe they missed out on an opportunity—even if they never applied. That litigation blindside may force you to justify your hiring and promotion decisions long after you made them. And if you didn’t keep careful records, you may be in trouble.

Employers are supposed to provide reasonable accommodations that remove barriers to working for disabled workers. But those accommodations don’t have to include implementing changes that make a disabled employee’s commute easier.