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Discrimination / Harassment

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.

Encinitas, Calif. waitress alleges pregnancy discrimination

05/30/2018
Maurizio’s Trattoria Italiana, a fine-dining Italian restaurant in Encinitas, California, faces charges it discriminated against a waitress because of her pregnancy.

Prior salary can’t justify pay difference

05/30/2018
California employers beware: The 9th Circuit Court of Appeals has issued a landmark Equal Pay Act decision that may require you to make immediate changes to how you set starting salaries.

New kid in town targeting employers: the ACLU

05/29/2018
The nonprofit, famed for fielding a skillful cadre of dogged litigators, has just entered the employment law fray by filing a class-action lawsuit against AT&T.