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Discrimination / Harassment

Unless you’re a church, beware religious training

10/07/2016
Think twice before requiring workers to participate in religiously oriented training. It may violate Title VII of the Civil Rights Act.

Reviews ran behind schedule? That’s not enough to justify a lawsuit

10/07/2016
Some employees seem to think they are owed a workplace that is perfectly fair and equitable all the time. Sadly, perfection isn’t possible.

Employee alleges bias against customers? Treat it like every other discrimination complaint

10/07/2016
When an employee is disciplined or otherwise punished for complaining that her employer is discriminating against certain customers, she can sue—and quite possibly win a large financial award.

Ensure early-out incentives are equitable

10/07/2016
Often before an employer implements a reduction in force, it may try to encourage employees to resign or retire by offering early-out incentives.

Rejecting candidates, then leaving positions unfilled can trigger discrimination claims

09/29/2016
If you reject a qualified candidate but leave the position open while still seeking someone with similar qualifications, that’s an open invitation to be sued for discrimination.

There are pay suits and discrimination suits, but they’re not necessarily the same

09/29/2016
Employees who file EEOC suits can’t go back years with pay claims unless they can show some sort of continuing violation.  Merely having complained for years—even decades—about unfair pay isn’t enough.

New worker is older, too? That’s not age bias

09/29/2016
Unless there is some other direct evidence of age-related bias or harassment, it’s virtually impossible for an older worker to win an age discrimination claim if his replacement is also older.

ADEA: As boomers get older, more file age-discrimination claims

09/27/2016
Age-discrimination cases are among the most costly for employers. Do you have an age-bias problem?

EEOC loses ‘no dreadlocks’ race bias case

09/27/2016
The EEOC has lost an important case that was among the first to test the concept that race can be defined as a “construct” rather than by a set of physical characteristics.

Warn managers: Watch your language when discussing any aspect of worker’s pregnancy

09/26/2016
Generally, when the same supervisor who hired someone also made the decision to fire someone, courts apply a concept called the “same-actor theory.” If the employee’s protected characteristic was hidden, the same presumption doesn’t apply.