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Discrimination / Harassment

Off-site assault demands careful handling

10/03/2017
It goes without saying that you must handle with care any situation in which an employee accuses another of sexual assault. Any hint that you are treating the victim less favorably than the alleged perpetrator can lead to a hostile work environment claim.

The cost of crude workplace racism: $125,000

09/28/2017
A Minnesota company has agreed to settle charges that it allowed a white supervisor to harass two black carpenters with a steady stream of racial epithets and death threats.

EEOC says Cargill violated Muslim workers’ rights

09/26/2017
Minnetonka-based agribusiness giant Cargill has run afoul of the EEOC when it refused to allow Somali-American workers to pray during their breaks at one of their Colorado facilities. The EEOC says that violated Title VII of the Civil Rights Act.

Single ethnic slur constitutes misconduct

09/26/2017
Employees who are fired for misconduct can’t collect unemployment compensation. Generally, any action that violates a known company policy qualifies as misconduct.

8th Circuit backs NLRB: What happens on the picket line stays on the picket line

09/26/2017
Employers generally don’t have to tolerate racially hostile or otherwise offensive language at work. But under some circumstances, you may not be able to discipline a worker’s behavior if it occurred on a picket line.

‘Criminal’ doesn’t get Title VII protection

09/26/2017
For an applicant to sue under Title VII, she can’t merely allege that she suffered because of having a criminal record.

Don’t assume you know what women want

09/26/2017
Sometimes, managers make decisions based on outmoded notions of women, their role in society and their commitment to their families versus their work and employers. Make sure you warn supervisors to guard against such attitudes.

More reverse bias cases under Trump administration

09/21/2017
Only about 12% of all race discrimination complaints filed with the EEOC last year were by white employees who claim they were treated less favorably than minority co-workers. But the shifting political climate may lead to an increase in such “reverse discrimination” cases.

Court: Nursing mom entitled to light duty

09/21/2017
In an important case that could carve out new rights for new mothers, the 11th Circuit Court of Appeals has ruled that employees returning to work after giving birth may be entitled to light-duty work to accommodate the need to express breast milk for their babies.

2nd Circuit urges free lawyers for employees who represented themselves

09/07/2017
The 2nd Circuit Court of Appeals has reversed the dismissal of a sexual harassment case and ordered the lower court to consider additional evidence that an employee who was acting as her own attorney unsuccessfully tried to present.