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Discrimination / Harassment

Bias claims can advance based on little evidence

05/03/2017
Former employees don’t need much evidence to get through the first phase of a discrimination claim. A few allegations are all that’s necessary.

Sued for age bias? Prepare to prove the employee wasn’t performing the job

05/03/2017
Before going forward with an age discrimination lawsuit, an employee must show he is old enough to be covered by age bias laws, was replaced by a younger worker and was qualified for the job he held.

Make sure supervisors understand their responsibility to stop racial harassment

05/03/2017
Managers and supervisors must be trained to understand that comments tinged with racism aren’t ever appropriate in the workplace.

Racism at work? Intervene, investigate ASAP

05/03/2017
The key is a fast and effective response that keeps the situation from escalating.

Bill would override local Texas LGBT legal protections

05/03/2017
A bill before the Texas state legislature would give the state the power to nullify municipal ordinances protecting lesbian, gay, bisexual and transsexual employees.

‘Our customers don’t think that should be a man’s job’

04/27/2017
The EEOC filed suit on behalf of a male ultrasound technician whose clients requested a female technician.

After complaint is filed, be sure to justify all discipline

04/25/2017
If an employee complains about discrimination, make sure any subsequent discipline is well justified. Sudden discipline against a worker whose record was previously clean can be viewed as retaliation.

Document circumstances before discipline, as well as punishment that you imposed

04/25/2017
Generally, if an employer operates in a fair and equitable fashion, there’s very little room for an employee to file and win a discrimination lawsuit. But how can HR know whether supervisors are imposing balanced discipline without regard to race, sex, religion or other protected characteristics?

Tell managers: No comments of any kind about discrimination complaints

04/24/2017
The risk: Even if a complaint gets tossed out, employees could have a valid retaliation claim.

Your best protection against bias lawsuits: Let he who hired be the one who fires

04/24/2017
If the manager has moved on, all is not lost. You can still argue that the worker was hired knowing his status and that it makes no sense to then have fired him for that characteristic.