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Discrimination / Harassment

Commitment to diversity doesn’t prove bias

09/01/2015
Employers that make public commitments to creating a more diverse workplace don’t risk losing a lawsuit solely based on that stated objective. An employee alleging discrimination because he isn’t part of the targeted demographic for diversity still has to show that he was fired or not promoted for a discriminatory reason. He can’t simply argue that the diversity commitment proves his case.

No proof required: Heart disease automatically a covered disability under California’s FEHA

08/26/2015
Under California’s Fair Employment and Housing Act, heart disease is a disability. The employee doesn’t have to prove that in his particular case, the condition limits a major life activity.

Justify change that will affect older workers

08/26/2015
Are you planning to change the way you schedule work or provide overtime opportunities? If the proposed changes would affect your older employees, make sure you document solid business reasons to justify the new system, just in case it is challenged in court.

Alleged harassment victim must file complaint

08/21/2015

When an employer provides a way for employees to complain about poor treatment based on harassment, it will only be liable if it knew about the offensive behavior and failed to address it. That’s why you should be prepared to document all complaints.

EEOC alleges race bias at New Ulm factory

08/19/2015
Windings Inc., a maker of precision motor parts in New Ulm, faces charges it refused to hire a qualified applicant because he is biracial. The EEOC has filed suit against the company in federal court, claiming it violated Title VII of the Civil Rights Act when it refused to hire the man.

Don’t tolerate ‘reverse harassment’ of supervisors

08/19/2015
Just as supervisors aren’t allowed to harass subordinates, subordinates aren’t allowed to harass bosses.

One religious comment doesn’t trump legitimate discipline

08/19/2015
Just because religion was mentioned at work doesn’t mean you will lose a religious harassment lawsuit.

DHR to Jack Link’s: Promote jerky, not jerk

08/19/2015
The Minnesota Department of Human Rights has settled a sexual harassment complaint against beef jerky maker Jack Link’s. A female employee at the company’s Mankato plant complained that her supervisor repeatedly hounded her for sex.

Court hints at MHRA ‘association’ bias cause

08/19/2015
A federal court considering a claim that the Minnesota Human Rights Act prohibits discrimination in hiring against those “associated” with a disabled Minnesotan has hinted that, in the right circumstances, it would entertain such a lawsuit.

Male culture can be factor in sex bias case

08/19/2015
If your workplace appears to be dominated by men—especially at the highest levels of the company—then that could hurt your efforts to defend against a sex discrimination lawsuit. Fortunately, all other factors being equal, it won’t be a game-changer.