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Discrimination / Harassment

Don’t tell harassed worker to ‘move on’

06/08/2015
A new employee says her co-worker has sexually harassed her. You investigate and discover she’s telling the truth. You discipline the co-worker. Is that the end of the matter? Not if the new employee won’t stop talking about what happened and it’s beginning to interfere with her ability to get her job done.

Review policy after Supreme Court scarf ruling

06/05/2015
Consider amending your dress code policy in light of a June 1 U.S. Supreme Court ruling in favor of the EEOC in a case that pitted fashion retailer Abercrombie & Fitch against an Oklahoma teenager who wasn’t hired after wearing a Muslim headscarf to a job interview.

Weigh prior discipline when deciding to fire

06/03/2015
Before you fire a worker for making a serious mistake, take into account his or her past disciplinary history and make it part of your decision-making process. That way, should the worker challenge the decision by claiming others outside his protected class were treated more leniently, you have that past discipline as support for a harsher punishment.

Old school: No ageist comments about training

06/03/2015

Remind managers and supervisors that all qualified employees, regardless of age, should be offered appropriate training. Telling older workers that they may not succeed can mean a big lawsuit loss later.

More free lawyers may lead to more litigation

06/02/2015

Generally, only indigent defendants are entitled to a free lawyer to defend against serious criminal charges that may result in jail time. The practical result is that employers really don’t have to worry too much about wholly frivolous claims, since few attorneys will take such cases on a contingent fee basis. Recently, however, there has been a growing trend among judges to appoint free attorneys in employment cases.

Supreme Court backs EEOC in headscarf case

06/01/2015
The Court has ruled in favor of the EEOC in a case that pitted fashion retailer Abercrombie & Fitch against a teenager who wasn’t hired after wearing a Muslim headscarf to a job interview.

Texas Supreme Court: Opposing merely inappropriate acts not protected

05/29/2015
The Supreme Court of Texas has decided a case brought under Texas law that will help employers defend themselves against retaliation claims.

Don’t sweat legit transfers: Lateral moves OK if they truly don’t affect pay and benefits

05/29/2015

In order to claim that a transfer or a realignment of duties qualifies as an adverse employment action, employees must show that the transfer or job changes were somehow potentially harmful. That’s especially true in the case of job changes that spring from a lateral move across the organization chart, with the same pay and benefits.

No such thing as ‘overqualified’: Don’t automatically reject skilled older applicant

05/29/2015
Older workers tend to have more overall experience and may seem overqualified for entry-level positions. Don’t reject those candidates, though. Doing so may set you up for a discrimination lawsuit.

Future threat: 3rd-party pressure to curb bias

05/28/2015

The American Civil Liberties Union has asked federal and California state regulators to investigate Hollywood’s hiring practices with an eye toward addressing discrimination against women. Could pressure from politically active groups be employment law’s wave of the future?