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Discrimination / Harassment

Settlement with back pay? Get your attorney involved

11/13/2015
Are you settling a discrimination case with termination and a back or front pay agreement? Be sure to work with counsel to find the most effective way to apply the payment. Done properly, a back pay or front pay lump sum may mean the employee can’t collect unemployment compensation payments.

Employer–not vendor–is liable for fitness-for-duty exam GINA violations

11/13/2015

Make sure that any entity you hire to conduct fitness-for-duty exams understands their responsibility to exclude genetic information requests from the determination. Otherwise, you may be liable for Genetic Information Nondiscrimination Act violations. The employee doesn’t have to add the providers to the lawsuit.

Applicant selling himself short? That’s no reason to pay him less

11/13/2015

Sometimes, applicants don’t know how much money to ask for. That’s especially true if their target employer isn’t open about salary ranges or how much it is willing to pay for a particular job. What should you do if an applicant is asking for less money than the position potentially pays?

Beware the scope of religious accommodations

11/13/2015
Most employers are aware that certain dress and grooming practices generally must be accommodated in the workplace.

LGBT leader resigns, cites retaliation in firings

11/13/2015
The University of Minnesota at Duluth is still reeling from discrimination charges after it failed to renew hockey coach Shannon Miller’s contract. Miller and three of her coaches, all of whom are openly gay, were terminated.

Austin software firm sued for pregnancy discrimination

11/12/2015
Austin, Tx.-based e-MDs, which develops software for managing medical practices, faces charges it terminated an employee because she took maternity leave.

Same person sends hundreds of applications? Don’t fall into discrimination lawsuit trap

11/12/2015

Sometimes an eager candidate will apply for several jobs with the same employer. If you are sure he or she isn’t qualified, you don’t have to agree to an interview for each open position. Be aware that if you do interview him for one of the positions and choose someone else outside his protected class, he may sue and argue he was much better qualified than whoever you did choose.

Home health care firm said to fire worker for being pregnant

11/12/2015
The EEOC claims Your Health Team illegally fired a home health care aide simply because she was pregnant.

Requesting Sunday off for ‘religious reasons’ not enough

11/09/2015
Employees who want to alter their schedule to accommodate religious needs need to do more than simply mention religion generally. At a minimum, they need to explain their religious practices.

Alerting boss of job-bias rules is not ‘protected activity’

11/09/2015
The role of an HR professional includes educating management on anti-discrimination laws. Doing so is generally considered doing one’s job and isn’t protected activity.