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Discrimination / Harassment

Legislation would ban mandatory arbitration of #MeToo claims

03/13/2018

U.S. Sen. Kirsten Gillibrand (D–N.Y.) has introduced legislation that would bar employers from including sexual harassment or gender discrimination claims in mandatory arbitration agreements. Identical legislation has been introduced in the House of Representatives.

Court gives new protection to transgender workers

03/13/2018
A panel of the 6th Circuit Court of Appeals has ruled for the first time that discrimination on the basis of transgender and transitioning status violates Title VII of the Civil Rights Act.

EEOC charges continue seven-year decline

03/13/2018

The EEOC handled 89,385 charges of workplace discrimination in fiscal year 2017, an 8% decline compared to the year before.

Beware claims of intentional infliction of emotional distress

03/13/2018

You should thoroughly train all managers and supervisors on how to treat disabled employees. A worker with a disability who is badly mistreated may be able to claim intentional infliction of emotional distress in Pennsylvania.

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.