Archives

Terminating Employees: Jury Orders Employer To Pay $28 Million To Worker Fired For Lodging EEOC Complaint; How To Manage A High-Risk Discharge

Suppose you decide to terminate an employee as part of a reduction in force. You treat the worker the same as others selected for layoff and offer the same severance benefits. But the person turns around and sues, claiming the real reason you fired him was to retaliate for a discrimination claim he filed with […]

News Notes: New Survey About Family-Friendly Benefits

What are employers doing to help employees balance work and family needs? A survey by the Families and Work Institute of 1,000 employers with 100+ employees reveals that 90% of the employers gave workers time off to attend school events, and half let employees stay home with a mildly sick child without using vacation or […]

News Notes: Supervisor Personally Hit With Big Harassment Verdict

An employee who claimed her boss sexually harassed her was awarded nearly $400,000 in damages—but the supervisor, not the employer, will have to pay the tab. Maria Kaul worked for a short time as a secretary for Orion Systems, Inc., in Santa Clara. She claimed her boss, Morton Kessler, repeatedly commented on her clothing, kissed […]

News Notes: New Law Prohibits Genetic Discrimination

A bill recently signed by Governor Pete Wilson will prohibit discrimination against otherwise healthy employees with genetic characteristics that predispose them to a hereditary disease. Proponents of the measure, which goes into effect January 1, 1999, say it’s needed because some employers have begun screening job applicants for genetic problems. A recent court decision found […]

News Notes: Employers Winning More ADA Lawsuits

Employers have won a whopping 92% of disability discrimination cases that have gone to trial, according to a new American Bar Association study. Despite the impressive statistics, the Americans with Disabilities Act poses continuing risks for employers. The study did not take into account cases that settled before trial and the high cost of defending […]

Sexual Harassment: U.S. Supreme Court Clarifies When You’re Responsible For Harassment; Steps To Take Now

In a pair of important new decisions, the U.S. Supreme Court has for the first time clarified the rules about when you can be liable for harassment that you didn’t know about or that didn’t cause the victim a loss of job benefits. The rulings offer something for everyone. They make it easier for employees […]

Age Bias Suits: Worker Called “Old Timer” And Replaced By Young Trainee Wins $1.64 Million In Arbitration; What You Should-And Shouldn’t-Do

These days, it seems any time you terminate a worker 40 or over, you risk being hit with an age bias lawsuit. And, if you haven’t handled the termination by the book, you could get hammered with a big judgment. A recent steep arbitration award to an older employee who claimed he was illegally pressured […]

Americans With Disabilities Act: Supreme Court Ruling Means Even More Employees May Now Be Entitled To Protection

HIV-positive individuals are covered under the Americans with Disabilities Act even if they don’t yet have any AIDS symptoms, according to a new U.S. Supreme Court ruling. The court’s reasoning could have broad consequences in the workplace because it may open the door to legal protection for employees whose conditions aren’t necessarily disabling, such as […]

Personal Liability Of Supervisors: California Supreme Court Limits Risk For Discrimination Claims

Clarifying an issue that has long divided lower courts of appeal, the California Supreme Court has ruled that only employers-not individual managers and supervisors-can be forced to pay damages for workplace discrimination claims arising out of routine employment decisions. But supervisors are still at risk for huge damages in cases involving harassment and retaliation-and possibly […]

News Notes: Employee Can Sue Despite Pre-Hire Warning About Co-workers’ Harassing Behavior

Warning a new employee that coworkers might behave offensively won’t get you off the hook for being sued for harassment. When Larhonda Williams interviewed for a receptionist position with Snyder Roofing and Sheet Metal, the company told her she would be exposed to coarse language on the job, and she said she could handle it. […]