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Discrimination / Harassment

NYC to send out employment testers to spot hiring bias

07/13/2015
Under recently signed legislation, New York City will begin a year-long employment tester program in which paired job applicants with similar experience and qualifications will express interest in the same job. One will belong to a protected class and one will not.

Practical jokes unrelated to protected status can’t be grounds for lawsuit

07/13/2015

Some employees will never get along. Managing them can be hard, especially if one chooses to make life difficult for the other with practical jokes and rude behavior. But unless the jokes and behavior somehow relates to a protected characteristic, it isn’t grounds for a lawsuit.

Settled with the EEOC? That’s the end of it

07/10/2015
Here’s some good news—and more incentive to settle discrimination cases before the EEOC: If the agreement is signed, sealed and delivered, the employee can’t later sue in federal court to have the agreement invalidated—even if she has seemingly good reasons to argue she didn’t consent to or otherwise wasn’t capable of settling the case.

When the $#@& hits the GINA fan …

07/08/2015
You may have heard about homeowners’ associations and towns demanding DNA tests when a pooch does his business on someone else’s lawn or in a public park. That’s fine for canines and their owners. But when an employer tried the same thing, the law intervened.

Not all skeevy conduct is sexual harassment

07/07/2015
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.

Here’s your retaliation ‘get out of jail free’ card

07/01/2015
If you don’t know an employee has engaged in so-called protected activity, you can’t be liable for retaliation. A recent case demonstrates this.

Review policies in wake of same-sex ruling

06/29/2015
The Supreme Court’s landmark decision legalizing same-sex marriage means HR departments must review company policies to root out all references to the gender of an employee’s spouse.

What’s simmering under the surface of your workplace?

06/29/2015
There’s a long list of behaviors that can create a hostile, intimidating or offensive environment in the eyes of the law. Do you know everything that’s on it?

From the Fox29 newsroom: Anchor loses on reverse bias

06/29/2015
A white news anchor at the Fox29 television station in Philadelphia has lost a long-simmering reverse discrimination lawsuit that began in 2007 when he was fired for using the N-word during a production meeting called to discuss a news story on the use of the racial slur in society.

Stick with same interview questions for all candidates

06/29/2015
Interviews are often critical for sorting through many apparently qualified job applicants, and it’s critical to properly handle the interview process. Be sure you treat candidates equally, asking the same interview questions of everyone.