Tag: discrimination

Race Discrimination Claims Tossed Despite Offensive Conduct

Title VII of the Civil Rights Act of 1964 prohibits race discrimination. But is a minority employee the victim of discrimination or retaliation if a supervisor treats all direct reports “very badly” and “like a child”? What if the supervisor also steps up documentation on the employee after she complained that the supervisor is “racist”? […]

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Employers Bear Brunt of Proof in USERRA Cases

The First U.S. Circuit Court of Appeals recently developed a new two-part test for determining discrimination based on military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This newly created test may prove problematic for employers. To find out why, read on. Basic Training for Supervisors: easy-to-read guides to avoid legal hazards, […]

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Conducting Exit Interviews

Terminations are an inevitable part of employment, but despite their seemingly routine nature, even voluntary terminations can present a host of potential problems for employers. When handled properly, however, they can provide you with a valuable opportunity to gain insight into your organization, correct previously undetected problems, and increase your retention rate. For those reasons, […]

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Can Employers Apply USERRA Differently for Workers Who Volunteer for Service?

Q: Our Uniformed Services Employment and Reemployment Rights Act (USERRA) policy is administered differently for employees ordered into military service or leave and those who volunteer for military leave. The policy states that for ordered military leave shorter than 31 days, the company will pay the employee’s normal rate of pay. For voluntary military leaves, […]

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Does Your Dress Code Measure Up?

by Scott Holt and Margaret DiBianca For some employees, the weekend starts early, say Wednesday or Thursday, with shorts, jeans, T-shirts, tank tops, and other very casual attire in the office. Revealing clothes, in turn, disclose body piercings and tattoos — things you may prefer to keep covered up. If your employees are coming to […]

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Gay Witch Hunt

Litigation Value $450,000 Overall, I’d say that Oscar has a good (read expensive) claim for sexual orientation discrimination and retaliation. Not only does Michael admittedly refer to employees as “faggy” when he means “lame,” but he specifically refers to Oscar, a gay employee, as “faggy.” Then, after Toby confidentially tells Michael that Oscar is gay, […]

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Conducting a Good-Faith Workplace Investigation

Employers all know the importance of investigating allegations of misconduct, discrimination, and harassment in the workplace. But even so, that practice sometimes falls by the wayside when times get busy. Here’s a look at a recent Tenth U.S. Circuit Court of Appeals decision on workplace investigations. Workplace Investigations: The HR Manager’s Step-by-Step Guide Making mischief […]

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Business School

LITIGATION VALUE: $30,000 (But it could have been much higher) “Business is always personal” is probably not the best motto for a manager. It could lead them to act impulsively. Like, say, moving an employee’s desk from the front of the office to an “annex” inhabited by the employee’s chatty, fashion-crazed, quasi (ex?) girlfriend as […]

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Gay Witch Hunt

LITIGATION VALUE: $0.00 to $450,000+ (depending on which state you are in) Overall, I’d say that Oscar has a good (read “expensive”) claim for sexual orientation discrimination and retaliation. Not only does Michael admittedly refer to employees as “faggy” when he means “lame,” but he specifically refers to Oscar, a gay employee, as “faggy.” Then, […]

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Supreme Court Hands Down Retaliation Decision

by Peter Panken On June 22, the U.S. Supreme Court decided an employment retaliation case in which it held that any action by an employer against an employee, applicant, or even a former employee constitutes unlawful retaliation if the action would deter a reasonable employee from filing a discrimination charge against an employer. Retaliation cases […]

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