• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Sexual bullying is harassment under California’s FEHA

09/21/2015
It’s a violation of California’s Fair Employment and Housing Act for a supervisor to use an employee’s sexuality as a vehicle for making work life miserable. That’s true even if it wasn’t motivated by sexual desire. Bullying someone through sexual threats is sexual harassment.

Accommodation up in the air at Express Jet

09/21/2015
Recently, Express Jet Airways placed a Muslim flight attendant on unpaid leave after she refused to serve alcohol during flights.

University of Minnesota admits fumbling on athletic director hire

09/14/2015
University of Minnesota President Eric Kaler says he takes “full responsibility” for the botched hiring of Norwood Teague as the university’s athletic director. Teague resigned Aug. 7 after admitting he sexually harassed two administrators at a university leadership event.

Mentioning pregnancy during discipline doesn’t prove bias

09/14/2015

Rest easy: You can talk about an employee’s pregnancy while also discussing discipline against her. As long as you make it clear that you are disciplining the employee because of issues that have nothing to do with her pending childbirth, mentioning pregnancy while discussing potential penalties won’t make you lose a discrimination suit.

$17 million EEOC verdict for Florida farm workers who were raped

09/12/2015
A federal jury has returned a unanimous verdict awarding a total of $17,425,000 to five former female employees of Moreno Farms, a Florida produce packing operation, who the EEOC claimed endured regular harassment and eventual rape at the hands of two supervisors.

2nd degree burn: Order to fire can be retaliation

09/11/2015
Retaliation can be anything that would dissuade a reasonable employee from reporting alleged wrongdoing—such as harassment or discrimination—in the first place. And it doesn’t just apply to direct punishment against an employee. It can even be an employer’s action that targets an employee’s co-workers or associates.

EEOC says Title VII prohibits sexual orientation discrimination

09/10/2015
The EEOC has come out with a declaration that federal legislation explicitly prohibiting employment discrimination based on sexual orientation is unnecessary because it is already prohibited under Title VII of the Civil Rights Act. This is a new and important development in the ongoing efforts of activists to get discrimination protection for all workers, regardless of sexual orientation, preference or other characteristics based on sexuality.

No other complaints about pregnancy bias? That can make charges easier to defend

09/10/2015
Sometimes, it’s relatively easy to get a pregnancy discrimination lawsuit dismissed. If your workplace records can show that other employees became pregnant, took leave and never complained about any sort of pregnancy-related discrimination, that can serve as a powerful rebuttal to a lone complaint.

Woman fired for spurning CEO wins $18 million

09/10/2015
A federal jury in Manhattan has awarded a Swedish woman $18 million in her harassment lawsuit against her former Wall Street boss.

Train bosses: Snap decisions almost always risky

09/10/2015

Treating an applicant rudely or making snap judgments can mean ending up in court, trying to defend against charges of race or other perceived discrimination. Here’s a case you can use as an example of how not to greet an applicant even if you are sure he won’t be hired.