Discrimination and Harassment

The EEOC has won the first round in a legal battle over whether an em­­ployer may ask workers to waive their rights to file future discrimination claims.

There’s a fine line between horsing around and true sexual har­­ass­­ment. But if you ignore that line—or guess wrong about whether a supervisor has crossed the line—you may find yourself at the mercy of a jury.

If one of your employees sues you and acts as his own attorney, treat the case just as seriously as you would any other lawsuit. Courts have to follow through with the legal process, including reviewing the employer’s evidence.

Some employees act as their own lawyers, something that can put employers at a disadvantage. That’s because courts bend over backward to make sure an unrepresented litigant gets his day in court.

When a work environment be­­comes toxic, employees may argue, call each other names and otherwise make work life miserable for others. Soon, it could degenerate into bullying. Let that continue, and you could be risking a lawsuit.

Sexual harassment is always a serious issue that warrants fast corrective action. In most cases, it’s appropriate to simply separate the alleged harasser and victim while you investigate. But more immediate help may be in order if the harasser and the victim are traveling together or isolated.

People who want a job must actually apply for it before they can allege they weren’t hired for discriminatory reasons. It’s easy to prove someone didn’t apply. Simply post job openings and retain all applications.

You probably think that once a contract employee’s contract expires, that’s the end of the matter. You don’t renew the contract and she moves on. That may not be the case. She can still sue over Equal Pay Act claims for at least two years after her last check.

Before disciplining or discharging an employee based on a supervisor’s recommendation, make sure you independently investigate the reason. That’s the only surefire way to avoid “rubber-stamping” a biased supervisor’s hidden agenda.

Warn decision-makers who decide to act on their own, ignoring HR’s guidance: Juries can hold them personally liable for legal missteps—and make them pay punitive damages.