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Discrimination / Harassment

He who does the hiring should also do the firing

03/13/2018

If possible, the same manager who made the hiring decision should also make the firing decision. That’s because presumably a manager wouldn’t hire someone knowing they belonged to an obvious protected classification and then turn around and fire that person because of that status.

Personal liability for rehiring harasser

03/13/2018

Here’s an important message for employers that may be considering rehiring someone who was fired after being accused of sexual harassment: There could be severe consequences, including, under Pennsylvania law, potential personal liability for the individual responsible for the rehiring decision.

Worker must ask for religious accommodation

03/13/2018

Employers are required to make reasonable accommodations for a worker’s religious practices, including letting workers skip shifts for religious holidays. But it is up to the worker to actually request the accommodation. Missing a shift without asking can be grounds for discharge.

Dig into harassment case to learn what really happened

03/08/2018

There’s aren’t many ways for an employer to defend against allegations that a supervisor sexually harassed a subordinate. But a careful investigation may uncover evidence that the relationship was wholly consensual, which may help.

EEOC believes in religious accommodation

03/08/2018

Employers sometimes forget that in addition to offering reasonable accommodations for people with disabilities, they have a similar obligation to reasonably accommodate employees’ religious practices.

Another circuit rules anti-gay bias is illegal

03/01/2018

In a groundbreaking decision, the 2nd Circuit Court of Appeals has ruled that the Title VII provision that prohibits sex discrimination also makes it illegal for employers to discriminate against gay employees.

Have a good reason for acting? Stick with it!

02/27/2018

The 5th Circuit Court of Appeals has refused to overturn a $150,000 jury verdict against a real estate developer. A female sales associate had filed the complaint after her employer transferred her to a less lucrative development, resulting in a significant pay cut.

Snapshot: Your staff may not trust your anti-harassment policy

02/27/2018

One third of employees report that they don’t believe their employer’s sexual harassment policy is effective.

Ensure delivery of religious accommodations

02/27/2018

A Maryland furniture delivery company has agreed to pay a spurned job applicant $94,541 to atone for not granting a religious accommodation.

EEOC strategy plans doing more with less

02/22/2018

The EEOC has released its Strategic Plan for Federal Fiscal Years 2018–2022, the first such plan of the Trump administration, under the leadership of Acting EEOC Chair Victoria Lipnic.