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Discrimination / Harassment

Courts bend over backwards to assist pro se litigants

01/09/2018

It’s not easy to have a lawsuit dismissed just because an employee tries to represent herself in court. Judges often seek to even the playing field by giving second or even third chances to those pro se litigants so they can get their arguments straight—and maybe even to encourage them to hire a lawyer.

Court: Uncivil is not the same as unlawful

01/09/2018

Judges would just as soon leave workplace management to the professionals paid to manage workplaces. Rest assured, they don’t want to wade into matters of petty incivility unless a case is particularly egregious.

Employee has just a vague hunch about bias? Prevail in court with documented facts

01/09/2018

Document all employment decisions with objective factual information. It’s the best way to win lawsuits filed by employees who believe they have suffered discrimination but can’t provide any specifics to back up their allegations. In court, facts almost always triumph over feelings.

Supervisors must step up when they learn subordinates might have been harassed

01/09/2018

Employers aren’t expected to create perfectly harmonious workplaces. However, they do have an obligation to use their best efforts to intervene when co-workers harass someone on the basis of protected characteristics.

Discrimination suit can’t rely solely on race

01/09/2018

In order to get past the first stage of a discrimination lawsuit, a worker has to present at least a prima facie case showing that something discriminatory may have occurred.

71% of sexual harassment incidents occurred at work

01/09/2018

Just over a quarter (25.7%) of alleged sexual misconduct that occurred in the workplace was reported to HR.

Online hiring faces scrutiny for age bias

01/04/2018

If you have moved most of your recruiting and hiring processes online, you’re in the sights of watchdogs looking for hidden or intentional age discrimination.

A new year, a new anti-harassment initiative

01/04/2018

The #MeToo movement is expanding, and employers have a new worry: A group of wealthy Hollywood stars, producers, directors, writers and agents have added #TIMESUP to the anti-sexual harassment social media conversation. Employers are the target.

Acting fast to stop harassment brings quick end to lawsuit

01/03/2018

Employers that take prompt action after learning about sexual harassment generally won’t be held liable, as long as the harassment actually stops.

Court OKs double trouble in pay bias case

01/03/2018

A federal court hearing a case brought by the EEOC against a Texas county has allowed an alleged victim of discrimination to add additional charges in an Equal Pay Act case the EEOC is already litigating. As a practical matter, that means the employer will have to fight even more attorneys while defending its pay practices.