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Discrimination / Harassment

State Supreme Court won’t say probable sexual harassment violated Texas law

05/07/2018
In the era of #MeToo and #TimesUp, the Texas Supreme Court just refused to broadly define sexual harassment in the workplace. Instead, the court found that generalized harassment at work—even if it’s morally reprehensible—doesn’t necessarily violate the Texas Commission on Human Rights Act.

Rule requiring employees to speak only English at work may be race discrimination

05/07/2018
Take note if you have rules against speaking languages other than English at work: That could constitute race discrimination under Section 1981 of the Civil Rights Act of 1866.

Employees win one of EEOC’s strangest lawsuits

05/03/2018
A federal jury in Brooklyn unanimously ruled in favor of employees at a New York insurance company who objected when they were forced to practice a religion conceived by the firm’s CEO.

Policy alone won’t fend off harassment suit

05/03/2018
You may think having a solid sexual harassment policy is all it takes to thwart a sexual harassment lawsuit. Not if the policy isn’t being followed!

Caste bias may pose new litigation risk

05/03/2018
Discrimination between members of protected classes is just as illegal under Title VII as discrimination by members of a majority class against minorities. Now there is a growing interest in a different form of intraracial discrimination: bias by some Indian Americans against members of lower castes.

Run internal audit to uncover hiring bias

05/03/2018
It’s entirely possible for employment discrimination to fly under HR’s radar. All it takes is too much trust that hiring managers wouldn’t knowingly violate your anti-discrimination policies. That’s why it’s critical to regularly audit your organization’s hiring practices.

Philly’s Dechert law firm settles discrimination claims

04/30/2018
The giant Dechert law firm, founded in Philadelphia in 1875, has agreed to settle charges it fired two workers from its payroll department because of their age and gender.

Recent medical diagnosis? Consider accommodations

04/30/2018
Sometimes an employee discovers she may have a disability, or that it’s time to disclose one she had been keeping secret. How the employer responds to that information may prevent an ADA discrimination lawsuit—or trigger one.

Denial of basic training opportunity doesn’t rise to the level of sex discrimination

04/30/2018
Not every negative thing that happens amounts to retaliation or discrimination. Employees have to show that any “punishment” they experienced significantly changed the conditions of employment.

Ensure fair treatment after return to work

04/30/2018
The ADA and the Pennsylvania Human Rights Act protect disabled workers from harassment based on their disability. Make sure everyone, including co-workers and supervisors, understands they cannot punish a disabled employee for taking leave.