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Discrimination / Harassment

One stupid comment from boss doesn’t automatically create sex bias liability

10/08/2015

Of course, supervisors should never say anything off-color, insensitive or downright stupid. Unfortunately, it happens. However, it takes more than one dumb outburst to support a discrimination claim unless the comment is obviously highly offensive. Less than that, and an employee’s lawsuit is likely to be tossed out.

Harassment victim wins suit, comes up $832 million short

10/07/2015
A jury in New York City has awarded a  woman $18 million in her sexual harassment lawsuit against her former Wall Street boss.

Suburban Dallas bar settles pregnancy bias complaint

10/05/2015
Arthur’s Bar & Restaurant in Addison, Texas, has agreed to settle a pregnancy discrimination complaint for $20,000.

Oilfield services firm settles retaliation suit for $30,000

10/05/2015
Garrison Contractors, a West Texas oil-industry construction company, has agreed to settle charges it retaliated against a female employee after she reported sexual harassment.

Employees must explain religious objections

10/05/2015
The federal appeals court that covers Texas has come down on the side of an employer that fired a worker for insubordination for refusing to say a rosary. Reason: The employee never revealed that her religion prevented her from complying.

What managers need to know about sexual harassment

10/01/2015
Here’s a primer on what sexual harassment is and how to react when you see it.

Sure it seems obvious, but …. don’t declare sexual harassment part of the job

09/30/2015
Here’s a recent case that should make it clear to employers that it’s their responsibility to make sure employees aren’t sexually harassed. Simply put, you can’t tell someone going into an all-male environment that sexual harassment just happens and is the price for breaking down gender barriers.

Track who hired and promoted disabled worker

09/30/2015

It’s hard to convince a judge or jury that the same person who hired someone knowing his protected status would later turn around and fire that employee because of that very protected status. That’s one reason you should keep careful track of which manager recommended hiring someone who is obviously a member of a protected class—such as an employee who is disabled because of a missing limb.

At-will status won’t stop bias lawsuit

09/30/2015

It doesn’t take much for an employee who has been terminated to take a discrimination claim to court. For example, all a woman has to allege is that she is a member of a protected class (female), was qualified for her job, was discharged and was replaced by someone who is not a member of her protected class—that is, that a man replaced her. It’s then up to the employer to prove it had a legitimate, unrelated reason for the termination. It can’t rely strictly on her status as at-will.

9th Circuit: 10-year age difference creates presumption of age discrimination

09/21/2015
Generally, older employees who are turned down for promotions or aren’t hired must show that the person who was hired was younger. But how much younger? That question has now been answered by the 9th Circuit Court of Appeals.