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Discrimination / Harassment

2nd Circuit rules: Anti-gay bias is sex discrimination

04/03/2018
The 2nd Circuit joins the 7th Circuit in ruling that sexual orientation is protected from discrimination, a position contrary to that taken recently by the 11th Circuit.

Document details to show why discipline differed

04/03/2018
If you hand out different discipline for two employees who commit similar violations, make sure you document exactly why. That way, if you are later sued, you can explain the difference.

Court punts on blaming employer for subordinate’s bias

04/03/2018
The 3rd Circuit Court of Appeals, which covers Pennsylvania employers, has dodged deciding whether a subordinate’s bias can be imputed to the employer.

Documented facts, not mere allegations, are what it takes to win cases

04/03/2018
Employers that take the time to document poor performance with solid, objective facts rarely lose discrimination cases. That’s because being able to explain exactly why you had to terminate a worker for poor performance tends to show that discrimination probably wasn’t a factor.

Understaffed HR department is no excuse for flubbing FMLA compliance

04/03/2018
Is your HR office short-handed? That could spell big trouble, especially if supervisors have to handle personnel matters without HR’s help. Short-staffed or not, make sure bosses know they must consult HR on key employment law issues.

Beware backlash when blaming the victim

04/03/2018
Employee assistance programs can be useful for workers facing stress or other challenges. EAP counseling is supposed to be confidential, which means that, except under very rare and unusual safety-related circumstances, information uncovered by the EAP should never be used against the worker.

Surprise lawsuit? Check EEOC paperwork

04/03/2018
If your organization has been served with a discrimination lawsuit, one of the first steps you should take is to check any paperwork from the EEOC or other discrimination agencies. It’s especially important if you don’t recall a particular complaint, such as age discrimination or sexual harassment, having come up earlier.

$2.5 million premium for underpaying women

03/29/2018
If health insurance giant Humana thought it was saving money by paying women less than men doing comparable work, it was wrong. The company just agreed to pay $2.5 million to 753 women who worked for the company in 2011 and 2012.

Texas state agencies immune from ADEA

03/28/2018
A federal court has refused to overturn earlier decisions holding that, in Texas, state agencies are exempt from the federal Age Discrimination in Employment Act.

Detail successful candidate’s superior qualifications

03/28/2018
When hiring or promoting from within, make sure you document why the chosen candidate is better qualified than others.