Discrimination / Harassment

Capacity, not actual pregnancy, is heart of PDA

07/22/2015

A federal appeals court has overturned a case that had been dismissed because an employee couldn’t prove that her employer knew she was pregnant. The court clarified that the capacity to become pregnant is at the heart of the Pregnancy Discrimination Act.

EEOC: Bias based on sexual orientation is illegal

07/21/2015

The EEOC, for the first time on the federal level, has ruled that discriminating against an employee based on sexual orientation counts as unlawful sex discrimination under Title VII of the Civil Rights Act.

Out-of-line! Take action when customers harass employees

07/20/2015

If an employee complains about harassment, take the complaint seriously, even if the harasser is a customer. Ban the customer to make sure the harassment stops—and call the police if the harassment involves touching or invasion of privacy.

Coach wins $4M verdict after being fired for reporting hazing

07/17/2015

When the high school football coach at St. Patrick-St. Vincent High School in Vallejo, California learned that some of his players were hazing underclassmen, he reported it to his superiors. The high school investigated and expelled five students. It also fired the coach who reported the hazing. He sued the Catholic Diocese of Sacramento for retaliation.

Public employee fails to raise bias claim in civil service hearing? He loses right to sue

07/17/2015

Some public employees in civil service positions may challenge their discharge through the civil service system. But doing so does have its dangers.

Judgment Day for ministry on pregnancy bias

07/15/2015

A federal judge has ordered the Houston-based United Bible Fellowship Ministries to pay a former employee nearly $75,000 in back pay and damages because of the nonprofit’s policy prohibiting pregnant employees from working and barring the hiring of pregnant women.

Questionable conduct? End it and move on

07/15/2015

Not every action that may be interpreted as harassment actually is. That doesn’t mean employers should ignore a one-time incident or behavior brought to HR’s attention. You can and should end any behavior that may be perceived as offensive or harassing. Once you have, you can move on, as this recent Texas Supreme Court decision shows.

EEOC updates pregnancy-bias guidance for employers

07/14/2015

In the wake of U.S. Supreme Court’s important Young v. UPS ruling in March, the EEOC has updated its employer guidelines on light-duty assignments and disparate treatment of pregnant workers. Download them now.

OSHA publishes guidance on restroom access for the transgendered

07/13/2015

OSHA’s role is expansive and includes regulating everything from heat breaks to bathroom access. It issued “A Guide to Restroom Access for Transgender Workers” on June 1.

CBS reporter sues bosses for sexual harassment