DISCRIMINATION / HARASSMENT

Can dermatologist tell worker to tone down the tan?

02/06/2012
Q. We’re a dermatology practice and one of our new em­­ployees is excessive with tanning. She has a dark tan and sometimes is sunburned. We promote the opposite of what she does. She also wears tight low-cut tops. Are we allowed to say something in both regards?

Panera Bread gets double helping of bias litigation

02/03/2012
An Ohio Panera Bread franchisee faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive.

Quit over offensive graffiti? He can get unemployment

02/03/2012
Here’s another reason to act fast when an employee complains about offensive graffiti in the workplace: He can quit and collect unemployment compensation benefits.

Let 'em know: Post all promotion opportunities

02/03/2012
Here’s an easy fix for a potentially big problem: Post all promotion openings. If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost productivity. It also signals to employees that you value them and encourage equal opportunity.

No free attorney if employee has legal skills

01/31/2012
Criminal defendants are entitled to a public defender, but that’s not true for employees trying to sue for discrimination. Courts won’t often pay for legal assistance if the employee can do the work herself.

Court: New promotion test lists aren't discriminatory

01/31/2012
Employers that compile promotion lists based on test results should tell employees that the lists will be updated periodically.

Feel free to authenticate suspicious documents

01/31/2012
Employers may be suspicious about a prospective worker’s claimed professional credentials or other certifications—especially if it seems like the documents may have been altered or forged. If you have such doubts, don’t hesitate to ask for clarification.

Old slurs don't make hostile environment today

01/31/2012

Some employees never forget an indignity. Years later, they may sue over something unrelated to the original wrong and try to bring the old offense into the case. That sometimes works if their claim alleges a hostile work environment. But if the hostility stopped years ago, chances are the court won’t consider the old claim.

Fort Worth lumber yard hammered for age bias

01/31/2012
The former general manager of Foxworth-Galbraith Lumber in Fort Worth is suing the company for age discrimination, claiming he was fired at the age of 55 and replaced by a 38-year-old man.

Reverse bias suit heats up La Marque Fire Department

01/31/2012
The former chief of the La Marque Fire Department is suing for race discrimination and retaliation after a series of run-ins with the city manager over alleged harassment within the department.

Documented insubordination can often sink employee's discrimination lawsuit

01/31/2012

Employees who sue for discrimination have to prove they are members of a protected class, were qualified for the position they held, were terminated or subjected to another adverse action and were treated less favorably than employees outside their protected class. Employers that can show the em­­ployee was insubordinate can quickly win such cases.

Remind managers to steer clear of discrimination by association

01/30/2012
The next time you conduct discrimination training, remind supervisors that discriminating against employees because of their spouses’ protected characteristics can be just as legally dangerous as direct discrimination against the employees themselves.

After light bulb goes on, power company settles

01/27/2012
Winston-Salem based Salem Electric Co. has settled charges it discriminated against a black worker when it accused him of being responsible for breaking a number of light fixtures the company was supposed to install.

In Thomasville, prospective principal pockets $25,000

01/27/2012
Thomasville City Schools will pay $25,000 and provide age discrimination training to key personnel under a settlement agreement with a would-be school principal and the EEOC.

You never have to tolerate fights in the workplace

01/27/2012
Violence in the workplace is a harsh reality, but employers must provide a safe work environment. That may mean terminating employees who threaten other employees or get into fights.
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