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Discrimination / Harassment

Foreman allegedly threatened black workers with gun, noose

12/22/2016
J.L. Schwieters faces charges it failed to investigate and stop severe racial harassment that a supervisor allegedly directed at two black carpenters.

Good records help win discrimination cases

12/22/2016
Employers that keep good records seldom lose when an employee claims he was fired for discriminatory reasons.

Lawsuit-proof protection: Support your harassment policy with robust training program

12/22/2016
Employers that have a solid anti-harassment policy and make sure employees understand it are far less likely to lose a sexual harassment lawsuit than those who don’t.

Federal court declines to expand Title VII to cover anti-gay discrimination

12/20/2016
A federal trial court in New York has reiterated that Title VII’s sex discrimination provisions do not allow suits over sexual orientation discrimination.

Pregnancy bias doubly damaging in NYC

12/20/2016
A woman who won a jury award against her employer for pregnancy discrimination may end up collecting even more money as punitive damages under a New York City ordinance.

White House pledge pushes gender pay equity

12/15/2016
The movement toward equal pay for women seems to have picked up steam.

Inside the EEOC’s big sexual orientation win

12/14/2016
The EEOC has been filing lawsuits contending that employers violate Title VII’s sex discrimination provisions if they discriminate against an applicant or employee because of sexual orientation.

Documentation key if you must discipline employee who took protected leave

12/13/2016
Document it carefully if, while an employee is out on protected leave, you discover that she has broken a workplace rule that warrants discipline.

Transfer, training aren’t adverse actions

12/12/2016
Transferring an employee to another position that pays the same and carries the same benefits as the original position is not an adverse employment action.

Consistently apply progressive discipline

12/08/2016
Progressive discipline may end up becoming a trap for employers that don’t scrupulously honor the underlying purpose of the rule being implemented.