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Discrimination / Harassment

California expands requirements for anti-harassment training

11/29/2017

In October, Gov. Jerry Brown signed Senate Bill 396 into law, expanding the subjects that must be covered in California’s mandatory sexual harassment training for supervisors.

Ensure telecommuting rules don’t discriminate

11/28/2017

If you let some employees work from home, allow it for everyone in the same position, under the same terms and conditions. Otherwise, you may find yourself facing a discrimination claim—unless you have concrete, work-related reasons for excluding some employees.

35% of women have been sexually harassed at work

11/28/2017

More than one in three American women—35%—say they have been sexually harassed at work, according to a new survey conducted by Marist University for NPR and PBS.

Document all performance review details: Who, why, how much and, especially, when

11/27/2017

It’s not unusual for a disappointed employee to immediately allege some form of discrimination or bring up past discrimination complaints and claim the poor review was retaliation. Smart employers know how to protect against this sort of lawsuit.

Make sure records show consistent discipline

11/27/2017

If an employee breaks your work rules, you should absolutely discipline him. However, make sure that discipline matches punishment you have dished out to other employees for similar infractions—and that you have records to back up your defense.

Keep EEOC at bay with proactive pay audits

11/27/2017

The EEOC has been told to deemphasize collecting compensation data from employers—but that doesn’t mean it stopped aggressively pursuing Equal Pay Act and Title VII sex discrimination in pay cases.

Tired of serial complainer’s constant gripes? Investigate every allegation anyway

11/22/2017

It can be annoying to have to deal with constant unfounded complaints from an employee who seems to take offense at everything. That doesn’t mean you can ignore him.

Press for as much detail as possible when employee files harassment complaint

11/22/2017

For most complaints, you receive enough background to launch an investigation. But what should you do if the employee reporting the harassment doesn’t want to provide details or even basic information like who the alleged harasser is?

Federal court rules: No Constitutional right to deny service to same-sex couples

11/21/2017

A husband and wife team of video photographers have lost a lawsuit in which they argued they could legally refuse to record the weddings of same-sex couples.

No critical comments about employee’s spouse

11/21/2017

Be cautious when discussing an employee’s spouse—especially in critical terms! That could lead to charges of discrimination on the basis of marital status.