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Discrimination / Harassment

Short reassignment delay is generally OK

08/11/2016
Sometimes, it takes a while for management to make changes in schedules and duty assignments after a promotion or transfer. A reasonable delay—even if it results in some loss of pay—isn’t considered an adverse employment action or serious enough to win a discrimination lawsuit.

EEOC sues over firing of HIV-positive worker

08/11/2016
The EEOC has filed suit against a large Midwest McDonald’s franchisee that recently fired an employee who is HIV-positive and requires its employees to report all prescription medications they take.

EEOC calls for better anti-harassment training

08/11/2016
The EEOC wants employers to double down on their workplace harassment prevention efforts.

Never pull job offer because of pregnancy

08/11/2016
The EEOC could well take the lead role in such a case—and it can throw almost unlimited legal and financial resources into its effort to beat you in litigation.

Horseplay or harassment? Use common sense

08/10/2016
Employers sometimes have to make judgment calls: Is that misbehavior plain old horseplay … or a serious case of sexual harassment? The difference often comes down to context.

Federal contractors must comply with new rules on sex bias

08/09/2016
The Office of Federal Contract Compliance Programs’ revised rules take effect today.

It serves no purpose: Keep references to employees’ ages out of official documents

08/09/2016

There is rarely a reason to note an employee’s age on official company documents. There’s no reason to list birthdates, for example, on seniority lists when seniority is based on years of service. Doing makes an age discrimination lawsuit more likely.

Warn supervisors: No age-based comments

08/09/2016
It’s usually hard for employees to win age discrimination lawsuits—unless a manager or supervisor insists on making ageist comments. These can create an age-based hostile work environment.

Always check a manager’s history of discipline

08/09/2016
When it comes to retaliation, pay attention to how managers have disciplined in the past. Before approving a recommendation for discharge, you should check that history.

Employer gets to choose the ADA accommodation

08/09/2016
Employees don’t call the shots when it comes to picking a reasonable disability accommodation. They can certainly make suggestions, but the ADA leaves the final decision to employers. As long as the chosen accommodation is reasonable, it complies with the law.