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Discrimination / Harassment

Rescinded job offer amounted to pregnancy discrimination

01/12/2016

A Saint Louis Park, Minn., orthodontist has learned the hard way that you can’t offer a job but then rescind it when you learn your new hire is pregnant.

No benefits if there is no cooperation with investigation

01/12/2016
Employees who claim they quit be-cause their employer wouldn’t address harassment or discrimination are eligible for unemployment compensation benefits—if they gave the employer a chance to remedy the situation.

Muslims in the workplace: A guide to help managers avoid discrimination lawsuits

01/11/2016
No doubt the attacks in Paris and San Bernardino, Calif., have had a dramatic effect on the workplace for employees who are, or are perceived to be, Muslim or Middle Eastern. Here are some scenarios in Q&A format, compiled by the U.S. Equal Employment Opportunity Commission to help managers ensure that their workplaces are bias-free.

Alert bosses to little-known caregiver bias liability

01/08/2016
Your supervisors probably know it’s illegal to discriminate against someone because of his or her disability. But do they also know about a less-obvious part of the ADA that makes it illegal to discriminate against employees or applications because those people have an association with someone who has a disability?

Each new racial slur can reset the litigation clock

01/08/2016

Generally, employees don’t have long to get the litigation ball rolling if they want to complain about discrimination. In most cases, they must file a complaint with the EEOC or a state agency within 300 days of an alleged discriminatory act. However, employees often have lots more leeway if they are claiming they had to work in a hostile environment characterized by repeated slurs or other harassing behavior.

Isolated comments aren’t enough to prove discrimination

01/07/2016
When an employee gets fired, his thoughts may turn to filing a lawsuit—maybe based on some suddenly remembered comment that he took as offensive or another supposedly discriminatory act. Fortunately, courts are rarely persuaded.

Racial slur or everyday saying? If it’s offensive, make sure it stops

01/07/2016
Certainly, train your managers that they cannot use common racist phrases and names. But go beyond the obvious and provide examples of other terms and behaviors that may not seem obvious. The following case provides an example.

Rejecting sexual advances protected in NYC

01/07/2016
Under federal law and New York state law, merely rejecting a supervisor’s sexual advances without reporting the conduct to HR probably isn’t protected activity. However, that’s not the case under the New York City Human Rights Law.

Harassment ended? Tell employee to move on

01/07/2016
Some employees will never be satisfied with their employer’s solution to perceived harassment. But if you have fixed the problem, it’s perfectly fine to tell the employee he needs to move on and forget about the past.

EEOC claims Glenwood F.D. hosed older firefighters

01/07/2016
The EEOC has sued a volunteer fire company for age discrimination because of the way it manages its length of service award program.