There’s nothing like a lawsuit to disrupt business and tarnish your business’ spotless reputation.  It’s simple to say, “Just don’t do anything wrong that would prompt employees to file an employment lawsuit,” but nothing is ever that simple.  Below are tips to help you lower your risk of being named in a labor lawsuit.

Educate Management
First and foremost, you must educate the entirety of your management team concerning what actions are considered discriminatory.  Some of your team may truly believe that making sexist jokes, for example, is okay as long as it doesn’t harm anyone.   Run a seminar or send out a memo periodically to remind and update management on your company’s procedures regarding discrimination, employment laws, and the like.

Establish an Anti-Discrimination Policy
Establish an anti-discrimination policy at your business.  Whether or not you have an employee handbook, ensure that every single one of your employees is made aware of the policy, understands it, and understands the procedures for reporting cases of discrimination, whether they or another are the one to actually experience it.

Ensure Your Business Environment is Positive and Open
People who don’t feel comfortable speaking with their manager or boss about a discriminatory situation are likely to quit and sue without ever addressing managers about the situation.  An open and positive business environment in which employees feel they can discuss their issues with their employers is imperative to lessening your business’ risk of being named in an employment suit.

Document Everything
From the beginning of an employee’s employment to the end, you and your management team should document everything; this includes everything from complaints filed by or against an employee, managers notes of employees coming in and/or leaving the office late, poor job performance reviews, etc.  Fired employees will sometimes file a lawsuit simply because you fired them.  And, if you don’t have documentation proving that you had just cause for firing them, then you have no substantial proof that such reasons existed to begin with; it will be your word against his/her word.

Be Legal and Ethical
This seems pretty straight forward.  Treat your employees right, run your business ethically, and do things according to the law; if you won’t do these things simply because they are the right things to do, then do it so that you don’t give disgruntled employees leverage in a lawsuit situation.  Here are some examples of how you should run your company and treat you employees:

• Pay employee when you promised them you would.
• Pay them legally; don’t pay employees “under the table.”
• Give them their promised vacation time and benefits.
• Give employees raises, promotions, and job titles they deserve.
• Don’t encourage or allow employees to work unpaid.
  

Madeline Johnson is a writer and blogger.  After graduating from the University of Texas, she began her career as a freelance writer and now focuses on topics ranging from business to law.  At the moment, she spends much of her time writing about slip and fall lawsuits, to provide those with no legal experience information on the legal process.

We’ve all heard about racial discrimination in the workplace, but what truly constitutes it and how should you act if you feel you are being discriminated against based on your race?

In the United States, citizens are protected against being discriminated against in the workplace by Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), which “prohibits employment discrimination based on race, color, religion, sex and national origin.”  What this means is that companies with 15 or more employees are lawfully prohibited from doing the following based on race, color, religion, sex, or national origin:

• Hire employees.  This includes hiring or not hiring people, seeking out applicants, or attempting to get information on applicants.
• Harass employees.  This includes making inappropriate comments or treating employees differently.
• Reward, promote, demote, etc. employees.
• Segregate, classify, or place employees. 
• Retaliate against employees who report or file charges against an employer or employee for racial discrimination. 

What To Do If You Think You’re a Victim

If you think you’ve been a victim of workplace discrimination, there is a procedure for righting the wrong brought against you.

First, you should speak to your boss, HR representative, etc. about the situation.

Second, if you feel that nothing has been done to resolve the issue, or that you are being further discriminated again based on your discussion, you need to file a formal complaint.  Be specific with the date, time, place, etc. that the discrimination took place.

Third, make a record of the discrimination.  Be as specific as possible, and if it took place on multiple occasions, be sure to record those as well.

Fourth, if still nothing is done to remedy the situation after you filed a formal complaint with your company, then you should file a complaint with the Equal Employment Opportunity Commission (EEOC).

Fifth, you should look into locating a lawyer who specializes in labor/employment law.  Try to avoid general attorneys; after all, you don’t need a nursing home abuse attorney or medical malpractice attorney working on your employment discrimination case.

Below is a guest employment (discrimination law) blog post regarding a recent successful age discrimination claim.

A man who worked as engineer from Whittlesey has successfully won an age discrimination compensation claim described by experts as a ‘landmark’ case. The ex-employee of local engineering company, R&R Plant Hire, told Michael Bailey, to retire when he hit his 65th birthday. The verdict was reached at London’s Court of Appeal. Mr Bailey was awarded £4,555 in the compensation claim case after Judge Simon Richardson ruled in favour of unfair dismissal. The compensation claim stated that at the time of the dismissal, Mr Bailey wished to continue working for the company.

After the verdict was reached, R&R Plant hire attempted to overturn the ruling. However, the Court of Appeal decided to uphold the verdict, a decision which saw the company being forced to pay a further sum of compensation money totalling over £10,000 in order to cover legal expenses incurred defending the appeal.

The ruling could open the gates for thousands of seniors all across the United Kingdom to stay in employment rather than being forced into an early retirement. Any employer found to be in violation of such a desire by an employee would have to face a potential compensation claim against them. The adviser for policy on employment and skills at organisation Age UK, Christopher Brooks, welcomed the verdict of the Court of Appeal, stating that it’s both wrong and illegal to discriminate against people in this way. He went on to say that ‘Age UK believes older workers should be allowed to choose when to retire’, despite the reality that they often find themselves shut out of the job market when hitting a certain age.

The Court of Appeal was presented with a letter from R&R Plant Hire stating that Mr Bailey would be ‘required to retire’ when his 65th birthday came round. However, Judge Dame Janet Smith, another judge on the panel, stated that the letter failed to fall within the required parameters of exercising such an action.

Below are ten of last week’s best employment law blogs and news posts from around the web. If you have published or found a useful employment law-related post that isn’t mentioned, please do add a link to the comments section below.

Transfer of Undertakings: Johnson Controls Ltd v Mr Campbell/United Kingdom Atomic Energy Authority | PJH Law

PJH Law takes a look at the EAT case of Johnson Controls Ltd v Mr Campbell/United Kingdom Atomic Energy Authority and the question of when is there a service provision change within the meaning of the TUPE Regs.

Employment Law Changes | Ochre Human Resource Management Blog

Ochre Human Resource Management considers some of the most important employment law changes occurring during 2012.

HR’s gender profile in 2012: Is HR failing to practice what it preaches on gender diversity? (XpertHR – Employment Intelligence)

XpertHR takes a look at HR practice and gender diversity, asking if candidates are automatically placed at a disadvantage.

Government considers compensated no-fault dismissal | Solicitors UK Blog

Contact Law discusses the government’s Call for Evidence on its proposed reforms to employment law.

Ditch the Porsche and fund an ‘apprentice’ | The Law Gazette

Commentary from the Law Gazette on the news that trainees would be classed as apprentices within the national minimum wage regulations.

In a redundancy situation, selection for an alternative role can involve subjective criteria – JMW Law Blog

JMW Law discuss the case of Samsung Electronics (UK) Ltd v Monte-D’Cruz [2012] UKEAT 0039/11, where the Claimant’s role was placed at risk of redundancy following the combination of 4 roles into a single position.

Budget 2012 and employment law | Peninsula

Peninsula asks how exactly the Chancellor’s intentions back-up claims that the budget will “reward work” and “unashamedly back businesses” and looks at what this means for HR professionals and for  SMEs.

Lawrence Graham > Budget 2012 – some good news for employers

Lawrence Graham’s blog post on the implications of the Budget 2012 on employers.

Marital Discrimination | Simpson & Marwick Solicitors

Blog post from Simpson & Marwick on two recent conflicting EAT decisions regarding discrimination on the ground of marital status.

Us and them – employment law and the Olympics | Berg

Blog post from commercial law firm Berg on employment law in the UK and the Olympics.

Discrimination can be justified on cost grounds, court rules – People Management Magazine Online

People Management Magazine Online looks at a recent Court of Appeal judgment where it was held that discrimination by an employer can be justified solely on the grounds of cost.

Employment Tribunal Reforms – Stephens Scown Lawyers in Exeter, Turo and St Austell

Stephen Scown discusses employment tribunal reforms in 2012.

The Availability Of ‘Negotiating’ (Or Wrotham Park) Damages In Breach Of Confdience Cases « 11kbw Employment Law Blog

Discussion from 11kbw on the recent decision in Force India F1 Team -v- 1 Malaysia F1 Team [2012] EWHC 616 and the availability of negotiating damages in breach of confidence cases.

Law firm fires 14 employees for wearing orange shirts | The Sideshow – Yahoo! News

Yahoo reports that dressing in an orange shirt seems to be enough to get fired (for 14 employees) at a certain Florida law firm.

HR Magazine – Budget 2012: Lack of employment law content in the chancellor’s speech ‘not too serious’, says legal expert

An employment law expert in HR Magazine looks at the Budget and notes that the lack of content regarding employment law is ‘not too serious’.

Italy’s Labor Reform Won’t Spur Firings, Napolitano Says – Bloomberg

A look at employment law in Italy. Bloomberg reports that Prime Minister Mario Monti’s Cabinet recently approved a bill to overhaul Italy’s labour laws that will ease rules on firing employees.

South Africa proposes labour law amendments | Official CIPS Magazine – Supply Management

A look at employment law in South Africa, with proposal submitted to guard against all forms of child labour.

Age discrimination: Costly decision for Mr Woodcock | Burness

Burness looks at the recent Woodcock decision, where the Court of Appeal considered whether cost saving can be a legitimate aim in justifying age discrimination.

Government approves new Minimum Wage Rate – Employment Law Liverpool

The Employment Law Liverpool blog reports on the Government’s acceptance of the independent Low Pay Commission’s recommendations for this year’s National Minimum Wage rates.

16 Workers File Racial-Discrimination Lawsuit Against Coca-Cola | The Root

The Root reports that sixteen black and Hispanic Coca-Cola workers have filed a lawsuit against the Coca Cola in respect of working in a racist environment.

BCC comments on no fault dismissal – Employment Law Liverpool

John Longworth, Director General of the British Chambers of Commerce (BCC), has recently commented on proposals to launch a consultation on no fault dismissal rules.

Employment Tribunal Statistics | Employment Lawyers, Boyes Turner, Reading

Boyes Turner consider recent employment tribunal statistics, noting that employers must still act with caution.

What do HR Professionals Think? – Michael Scutt’s Employment Law Blog, Jobsworth

Last but certainly not least, Michael Scutt reports on the HR Professionals Survey, published by RTS Media in conjunction with Daniel Barnett last week, where 1460 HR subscribers of Daniel’s employment update service were questioned about employment law.

Employers in England and Wales can use the Disclosure service of the Criminal Records Bureau (CRB) to check whether job applicants have a criminal record. If you are applying for a job, as an applicant you will be sent a copy of the same disclosure that a potential employer sees.

The CRB has no role whatsoever in deciding whether your employer should offer you the job in the light of information included in its disclosure. So if you have a criminal record, the decision on whether or not to employ you rests entirely with the employer.

If you are asked to volunteer information on whether or not you have a criminal conviction, you are not obliged to disclose this information as long as the conviction is spent. If the conviction is not spent, you are obliged to disclose that you have a criminal record. If you are unsure of the status of your conviction, you can contact a criminal law solicitor for legal advice.

You will not necessarily be refused a job because you have a criminal record. If your employer finds out about it from the CRB, the Code of Practice of the CRB prevents them from discriminating against you because of this. Your right to be treated fairly is protected by the Rehabilitation of Offenders Act 1974 (ROA). The ROA was introduced to ensure that job applicants are not discriminated against because of their criminal convictions in the past, which may not be relevant at all to the jobs they are applying for.

There are certain jobs that are exempt from ROA obligations of non-discrimination. If you have convictions for crimes of a sexual or violent nature, for example, you will be seen as an unsuitable candidate for work with children or vulnerable adults. Other exemptions to the ROA include work with elderly or disabled people, alcoholics or drug addicts, the chronically sick and work in the criminal justice system. Your criminal record may result in you being refused a job in these areas, but it should be made clear to you in the job advertisement that the ROA exemption applies.

If you have seen your CRB disclosure and believe it contains incorrect information, you can appeal to have the document changed. You have to do this by writing to the Chief Constable of the relevant police force, rather than to the CRB itself and it is the Chief Constable who decides whether any amendments can be made to your criminal record. For further legal advice on disclosing your criminal record and whether you can be refused a job, you can contact an employment solicitor. In addition, if you believe you have been discriminated against and not been given a job because of your criminal record, you can contact an employment solicitor.

It is clearly stated in UK employment law that it is illegal to sexually harass anyone in the workplace. A person must not pursue a course of conduct which amounts to harassment of another, and which they know or ought to know amounts to harassment of the other person.

Examples of what constitutes sexual harassment in the workplace include repeated verbal sexual comments / innuendoes, physical abuse such as inappropriate touching or physical contact, and the spreading of sexually malicious rumors. It is advisable to consult a specialist employment solicitor to advise you on the other aspects of sexual harassment.

There are some exceptions where sexual harassment or discrimination will not apply. These include religious employment where religious establishments may execute discriminatory employment where established doctrines of religion exist, and where there is a genuine occupational qualification (GOQ) and the justification for a specific job role is clear cut, for example a male or female actor to play a specific part. In these circumstances, a job application is used as an aid to providing balance within an ethnic group or gender rather than as discrimination.

If you do feel you have suffered from harassment or discrimination and have consulted your line manager, and they have spoken to the person who is harassing you, if the situation has not improved, you may decide to take the matter further by making a formal complaint.

By law all companies should have a complaints or grievance procedure. This is usually the course taken after you have exhausted all other avenues to resolve the complaint. There is further action you can take against this treatment if this does not work; you can make a claim for harassment or sexual discrimination to an employment tribunal. In such cases you should to speak to a specialist employment lawyer in order to obtain expert legal advice and to discuss all your options.

Teasing and joking at work become bullying if the recipient of the jokes or teasing feels humiliated or anxious as a result. The Advisory, Conciliatory and Arbitration Service (ACAS) describes bullying as offensive, intimidating, malicious or insulting behaviour. Offensive jokes or remarks made in jest may not be received as such and may be construed as bullying. Legal advice should be obtained from an employment solicitor to ensure that all practical steps are taken to prevent these incidents in the workplace.

ACAS also classes abuse or misuse of power that is intended to undermine, humiliate, degrade or injure an employee as bullying. Behaviour becomes bullying if an employee feels intimidated or embarrassed as a result, or if it was the person’s intention to intimidate or embarrass someone. A solicitor should be consulted by anyone that is suffering bullying at work. Employment law does not recognise bullying, but a claim of harassment could be made.

ACAS describes harassment as unwanted conduct that affects the dignity of an employee. Teasing and joking at work become harassment if it is unacceptable and demeaning to the recipient. Harassment can also occur in the workplace because of an employee’s race, religion or beliefs, sexual orientation, age, gender etc. Harassment that occurs due to a discriminatory reason is unlawful. Harassment and bullying do not have to be done face-to-face. They can be carried out via e-mail, gossip, or the telephone. Anyone suffering harassment is advised to obtain the help and representation of an employment solicitor.

Sexual harassment differs from harassment based on gender. Sexual harassment occurs when an employee receives unwanted behaviour of a sexual nature. It can be in the form of unwanted contact or remarks. Lewd or explicit jokes can amount to sexual harassment, as can teasing an employee about their appearance. All these instances could be grounds for a claim of sexual harassment. In these cases the advice of an employment solicitor is vitally important to obtain.

Requesting sexual favours as a joke can be construed as sexual harassment. If an obscene or offensive image is displayed in the workplace, or sent in an e-mail as a joke, this can amount to sexual harassment. Teasing and joking in the workplace of a sexual nature is only sexual harassment if it is unwanted and the recipient views it as sexual harassment. Again, anyone suffering this kind of sexual harassment at work is advised to contact an employment solicitor as soon as possible.

Examples of when teasing and joking become bullying or harassment in the workplace include the spreading of malicious rumours, if the behaviour causes an employee to be blamed for something they did not do, if the employee is constantly the subject of teasing or practical jokes, or if it has a negative effect on their performance at work. If an employee is forced to resign due to bullying or harassment in the workplace, they may have a claim for constructive dismissal in an Employment Tribunal.

Welcome to Labour Blawg. This is a legal news service on employment law for employment law solicitors and the general public on all employment law issues, as they affect both employers and employees.

Some of the most common employment law issues relate to employment contracts, discrimination law including sex discrimination, age discrimination and disability discrimination among others, TUPE transfers, harassment at work, employment contracts, minimum wage, and the nature and function of compromise agreements.