Discrimination and Harassment

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.

It’s not enough to have an anti-harassment and discrimination policy in your manual. It’s not even enough to train everyone regularly on what the policy requires. What really counts is enforcing the policy when complaints come in. If you don’t, the penalty may be punitive damages.

Should you worry every time you retain one employee and dismiss another who belongs to a different protected class? Probably not—as long as there’s no other reason to believe that the terminated employee’s protected status was the reason he was fired.

Here’s something to consider when planning a reduction in force: If you know the move will mean someone in a protected class will lose his job, think strategically in case he sues.

When you have to investigate allegations that may lead to termination, it’s a good practice to conduct that investigation as independently as possible. That often means you will have to leave out of the picture any supervisors who have a negative history with the employee.

How you choose among candidates for promotion may spell the difference be­­tween losing and winning a lawsuit. Always document the decision-making process, especially when candidates are equally qualified. Later, you may have to explain the decision in court—and your reason had better be a good, business-related one.

Sexual harassment runs the gamut, from out-and-out assault to un­­welcome flirting. No sane em­­ployer would hesitate to fire someone who physically harmed a co-worker. But for less severe, isolated incidents, less drastic action may be reasonable—as long as it solves the problem.

An appeals court has thrown cold water on two Pasco firefighters who won a $189,000 jury award. The appellate judge overturned a lower court’s decision in a discrimination lawsuit they filed against Pasco County and the firefighter’s union.

Some forms of racial intimidation are so offensive that even one incident may be enough to create liability, unlessthe employer acts fast. Racially hostile graffiti is one example. If you don’t take steps to cover it and prevent recurrence, even one offensive tag can mean liability.

Miami’s Piloto Photo Center faces sexual harassment charges after female employees alleged the owner subjected them to graphic sexual comments and demeaning name-calling. Two former employees, including one manager, claim they were fired for opposing the harassment.