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Discrimination / Harassment

Act fast to address employee’s request for ADA disability accommodation

12/01/2015
Never indefinitely delay addressing a disability accommodation request. In fact, you should make a decision as quickly as possible so the employee can’t accuse you of failure to accommodate through inaction.

Single comment not enough to form basis of discrimination lawsuit

12/01/2015
A single, isolated comment—especially if the speaker isn’t a co-worker or supervisor—isn’t sufficient grounds for alleging discrimination. Complaining about it doesn’t amount to protected activity.

How not to handle harassment against a man

12/01/2015
Consider this central Pennsylvania case that is going to trial soon. A judge has concluded that not only can a man be sexually harassed, but he may be due punitive damages for his suffering.

What’s harassment? Courts will look at view of a ‘reasonable person’–not the employee

11/30/2015
Sensitive workers may perceive everyday interactions as harassment. But courts don’t measure whether workplace hostility exists based on that employee’s subjective assessment of the situation. Instead, a court will focus on how a hypothetical “reasonable” employee would view it.

New protections for some California transgender employees

11/28/2015
On Oct. 7, Gov. Jerry Brown signed Senate Bill 703 (SB 703), protecting transgender employees whose employers engage in business with state agencies.

When religious freedom & harassment collide

11/24/2015
Employers that have strict codes of conduct prohibiting harassment of any kind can still punish employees whose religious beliefs are behind their harassment of gay co-workers. You can’t interfere with an employee’s sincerely held religious beliefs, but you can punish religious “expression” that interferes with another employee’s rights.

Silicon Valley city faces age discrimination charge

11/23/2015
The EEOC has filed suit against the City of Milpitas, Ca., alleging the company hired a 39-year-old executive secretary over four other more qualified and older candidates.

New law makes unequal pay claims easier in California

11/23/2015
Borrowing liberally from a bill that has languished on Capitol Hill (the Paycheck Fairness Act), California lawmakers have passed SB 358, which requires employers to allow employees to discuss their pay. It also makes it easier for employees to bring unequal pay claims against employers.

New EEOC rules: How do wellness plans interact with genetic-bias law?

11/17/2015
The EEOC issued a proposed rule earlier this month that aims to clarify how employers’ wellness programs would interact with a section of the Genetic Information Nondiscrimination Act.

Race-based restrooms? Write the settlement check

11/16/2015
A black female worker at a North Carolina health care company filed a race discrimination claim, saying the owner repeatedly used the N-word and maintained racially segregated restroom facilities. The court said her hostile environment claim could proceed to trial.