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Discrimination / Harassment

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.

Title VII doesn’t cover sexual orientation

01/03/2018

A federal court has dismissed a lawsuit alleging a hostile work environment based on sexual orientation, despite the EEOC’s position that sexual orientation discrimination is sex discrimination under Title VII.

Snapshot: Sex discrimination comes in many forms

01/03/2018

A substantial percentage of working women say they have experienced gender-based bias in a variety of ways.

Court recognizes a new kind of claim: Retaliatory hostile environment

01/03/2018

Essentially, a retaliatory hostile environment claim looks at situations in which life was made generally difficult for an employee in small ways that in themselves would not affect a term or condition of employment.

Document reasons for worker’s new, unusual assignment

01/02/2018

Some workers may feel that being given a difficult assignment is discriminatory, especially if others outside the worker’s protected class don’t have to do similar work. Having a business-related reason for the assignment will persuade a judge that discrimination wasn’t a factor.

California Assembly pays to settle harassment complaint

01/02/2018

Former state Assemblyman Steve Fox has once again cost the California Assembly money to settle allegations against him. This time, Fox’s former legislative director is being paid $100,000 for sexual harassment and being required to perform work outside her legislative duties.

Employee’s suspicion can’t beat your solid evidence

01/02/2018

Smart employers always make employment decisions based on solid, business-related reasons. Then they document the decision-making process.