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Discrimination / Harassment

Employees may not like job changes, but that doesn’t give them reason to sue

03/23/2017
Sure, change is hard, and some alterations may irritate some employees. That doesn’t mean they can sue.

Does Title VII cover sexual orientation?

03/23/2017
While the Trump administration may withdraw executive orders issued by the prior administration, the EEOC is moving ahead with its interpretation that sexual orientation discrimination is illegal under Title VII.

Pay attention to flurry of pay-equity actions

03/16/2017
Federal legislation addressing compensation inequality between men and women is unlikely in this Congress, but several states and municipalities are taking up the cause.

Never ignore harassment, even if employee doesn’t use your reporting system

03/15/2017
Simply having a sexual harassment policy doesn’t mean employers can ignore harassment they learn about via avenues that aren’t prescribed in the policy.

Anti-gay bias cases in limbo in 2nd Circuit

03/15/2017
It remains a hotly debated issue whether Title VII makes discrimination on the basis of sexual orientation illegal. Thus, anti-gay bias in the workplace remains a potentially serious problem for employers.

Bill would let employers require genetic testing

03/13/2017
The House Committee on Education and the Workforce has passed legislation that would allow employers to force employees to undergo genetic testing related to wellness program health assessments.

Proposed EEOC guidance urges employers to prevent harassment

03/07/2017
Proposed EEOC enforcement guidance on unlawful harassment issued in January emphasizes that employers should take a proactive role in preventing harassment, as well as in effectively identifying and eradicating harassment if and when it occurs.

Black firefighter alleges discrimination in Irving, Texas F.D.

03/07/2017
The first black firefighter in the Irving, Texas Fire Department is suing the department, claiming it promoted a less qualified white applicant to assistant fire chief.

Texas legislature considers bill to promote pay equity

03/07/2017
State Sen. Eric Johnson has introduced legislation that would bar employers from asking for an applicant’s salary history before making a qualified job offer that includes a proposed salary.

No EPA claim if the jobs weren’t actually equal

03/03/2017
To win an Equal Pay Act claim, an employee must show that a similarly situated employee of the opposite sex was paid more. It’s not enough to merely claim that one sex generally earned more.