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Discrimination / Harassment

Do the right thing, still get sued

01/04/2016
Here’s a reminder that even doing the right thing can mean a lawsuit.

Resignation announced, then a change of heart: Can refusing to allow return be retaliation?

01/04/2016
Here’s a rather novel question being answered for the first time in the 5th Circuit, which has jurisdiction over Texas employers. Can the refusal to accept a request to rescind a resignation ever be an adverse em­­ployment action and retaliation for engaging in protected activity?

EEOC expands outreach to immigrant groups

12/28/2015
A recent EEOC settlement may portend more litigation, especially for industries that employ large numbers of immigrants.

Worker older when hired? Then age bias is unlikely

12/24/2015
Do you have an older worker who now alleged age discrimination? If you hired him recently, chances are you can use his age at hire as evidence you didn’t discriminate.

Quickly address allegations of disability discrimination

12/21/2015
If you find out that a supervisor may have treated a disabled worker poorly, fix the problem promptly.

The easy way to stop discrimination lawsuits: Show proof of legit business decisions

12/21/2015
We’ve said it before, we’ll say it again: The best defense against a discrimination lawsuit is a pile of documents showing what you decided and why. For example, if you are sure an employee isn’t qualified for a promotion, document those reasons at the time you make the decision. Don’t wait until he or she sues.

Sexual favoritism must be pervasive

12/21/2015
While under some circumstances, so-called sexual favoritism may be grounds for a winning sexual harassment and discrimination lawsuit, it takes more than a single office romance or a marriage between a supervisor and subordinate to support such a claim.

Reprimand may be sufficient if harassment was mild and unlikely to occur again

12/16/2015
You don’t necessarily have to fire someone who committed a single act of sexual harassment—as long as the conduct wasn’t truly outrageous or continuous. Sometimes, it’s fine to issue a reprimand and then monitor the employee to ensure the situation doesn’t recur.

Age-discrimination worry: Is it legal to ask 63-year-old about his retirement plans?

12/16/2015
Q. We have a long-time employee who will accumulate the necessary points under our retirement program to become fully vested in his retirement benefit on his next birthday, which is in April. At that time, the employee will be 63 years old. He has not talked about how long he intends to continue working or his plan for retirement with our management team, which is concerned about having enough time to transition the employee’s work in the event that he abruptly retires. Can we ask this employee about his retirement plans without creating a claim of age discrimination? (Of course, the employee is also having performance issues, and management would prefer that he retire upon vesting in the retirement program.)

All jobs–even short-term, temp assignments–are subject to anti-discrimination laws

12/16/2015
Someone who comes into Minnesota and hires workers for a short, temporary job still has to abide by employment laws. The employer doesn’t escape liability based on the temporary nature of the employment.