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Discrimination / Harassment

Snapshot: Big business makes progress on LGBT issues

06/12/2018
An overwhelming majority of Fortune 500 corporations prohibit discrimination on the basis of lesbian, gay, bisexual and transgender status.

Settlement offer? Track other side’s response

06/07/2018
When an employee files an EEOC complaint or otherwise indicates that a lawsuit may be coming, it sometimes makes sense to settle out of court. If you decide to go that route, make careful notes on every step in the process.

Wedding cake ruling didn’t OK anti-gay bias

06/07/2018
The U.S. Supreme Court’s June 4 decision in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple was not a signal to employers that it is acceptable to discriminate on the basis of sexual orientation.

Promote diversity without violating discrimination laws

06/07/2018
Workplace diversity initiatives can benefit employers and employees alike, but they can also present a challenging dynamic for employers.

Animosity isn’t always evidence of bias

06/07/2018
Supervisors may harbor deep animosity towards a particular worker. But unless that animosity is based on a protected characteristic such as race, sex or age, it remains merely unfair, not a case of discrimination.

Explain different discipline for same offense

06/06/2018
If an employee can show that a worker who received more favorable treatment didn’t belong to the same protected classification, he has a potentially viable lawsuit. This is where details matter.

In #MeToo era, accused harassers may seek injunctions to stop internal investigations

06/05/2018
Sexual harassment claims are on the rise, in the wake of the #MeToo social media movement. Some alleged harassers are fighting back, arguing that the accusations do irreparable harm to their reputations. And they’re not just threatening to file lawsuits.

Petty incidents don’t add up to a hostile environment

05/31/2018
The 3rd Circuit Court of Appeals has made it official: Sometimes an employee just needs to grow a thicker skin to deal with the petty annoyances that vex many workplaces.

Are we allowed to refuse to hire employees with very thick foreign accents?

05/30/2018
Q. We are a large telemarketing company. We often receive customer complaints about employees who speak in thick accents. Can we refuse to hire individuals with accents for this reason?

California legislature considers a dozen new employment laws

05/30/2018
Like a pride of lions flashing teeth and fangs, the California legislature is on the hunt in 2018. As has become an annual spring ritual, Sacramento politicians have once again proposed a progressive labor agenda.