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Discrimination / Harassment

Date of firing notice–not last day of work–determines when discrimination occurred

09/07/2017
An employee who believes she has been fired for discriminatory reasons has the right to sue her employer as soon as she receives a termination notice. That’s true even if the termination isn’t yet effective.

Establish several ways to report harassment

09/06/2017
Providing training to supervisors and employees is a vital way to prevent sexual harassment lawsuits. But a second piece to that puzzle is often overlooked: creating an easy-to-understand complaint policy.

EEOC takes aim at pregnancy discrimination

08/31/2017
What does the EEOC expect when employees are expecting? That employers will uphold their obligations under the Pregnancy Discrimination Act and Title VII.

Brief, creepy overture doesn’t necessarily amount to sexual harassment

08/30/2017
Not every attempt at seduction becomes a sexual harassment case—as long as the employer takes appropriate action right away once it learns what happened.

HR has a duty to call out discrimination–which is why it’s protected speech

08/30/2017
HR professionals have protection against being fired for voicing legitimate concerns about discrimination and for refusing to engage in activities they believe may be discriminatory.

Retire or get fired? Prepare for lawsuit

08/30/2017
Because the choice between being fired or retiring isn’t entirely voluntary, a forced retirement is sometimes the legal equivalent of being fired. The employee may be able to sue for alleged discrimination even if she chooses to retire and receives retirement benefits.

Education can trump experience & vice versa

08/30/2017
Some employees who have been on staff for many years believe their experience should automatically be rewarded when promotion opportunities arise. When someone with less experience but more education is promoted instead, they may sue, alleging some form of discrimination, whether age or otherwise.

Harris County, Texas official must take harassment training

08/30/2017
The chief of the Harris County, Texas prosecutor’s Misdemeanor Department has been disciplined for making inappropriate comments to female employees.

Pregnancy bias often an instant win for worker

08/30/2017
Here’s a sure way to lose in federal court: Take a pregnant worker off your automatic scheduling program because you worry that she might go into labor and inconvenience your business.

Context matters when deciding if social media posts are ‘protected activity’

08/30/2017
Some employee speech on social media may end up classified as protected activity if it can legitimately be classified as a protest against what would be illegal discrimination under laws like Title VII.