• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

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.

Warn against mocking sexual orientation

08/30/2017
Regardless of sexual orientation’s uncertain protected status, it is well-settled that mocking someone’s nonconformity to society’s gender stereotypes is sex discrimination.

Don’t sweat minor harassment gripes

08/30/2017
Some employees can be overly sensitive to criticism or perceived harassment. Most judges expect workers to shrug off occasional irritating comments, even if they feel them to be personally offensive.

Pennsylvania settles world’s most predictable lawsuit

08/30/2017
The Pennsylvania State Office of Public Records has agreed to pay $60,000 to settle an EEOC age discrimination lawsuit that alleged it passed over a seasoned, older attorney to hire a less experienced, young applicant for an appeals officer position.

Ford to pay $10 million to settle EEOC harassment charges

08/22/2017
Ford Motor Company has agreed to pay $10.125 million to settle EEOC charges of sex and race harassment against a group of employees at two Ford plants in Illinois.

Never mention workers’ ages when discussing reduction in force

08/21/2017
What not to do when closing down offices in which workers are older than the company average: Mention that eventually you may be able to hire younger replacements at lower cost. That’s just asking for a lawsuit.

White hood was a joke? No one’s laughing now

08/17/2017
When Kenneth, who is black, complained that his co-workers used a white hood to harass and intimidate him, management told him the incident was meant as a joke.

Ensure training programs are equal opportunity

08/13/2017
Make training available to everyone who may benefit. Be sure there’s no hidden bias behind choosing who gets to take part. If members of a protected class routinely miss out, expect a lawsuit.

Court: State and federal law are not mutually exclusive

08/09/2017
The 8th Circuit Court of Appeals, which has jurisdiction over Minnesota employers, has revived a lawsuit against a union for allegedly violating a state disability discrimination law.

Religion accommodation not protected … yet

08/09/2017
In a case likely to be appealed, the EEOC has lost a bid to have federal courts within the 8th Circuit consider request for religious accommodation to be protected activity.