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Discrimination / Harassment

EEOC tests digital charge system to handle discrimination complaints

05/27/2015
The EEOC has launched a pilot program to digitally transmit documents to and from employers regarding discrimination charges filed against them. The program—called ACT Digital—is the first step in the EEOC’s move toward an online charge system that will streamline the submission of documents, notices and communications in the EEOC’s charge system.

Solving the transgender bathroom dilemma

05/25/2015
As more people are identifying themselves as transgender, the issue of which restroom they should use in the workplace has become controversial and confusing. Until now.

Can we require English-only on the job?

05/20/2015
Q. We want to require our employees to read, speak and write English at work. Is such a policy legal?

Sudden harassment claim? Investigate before firing

05/20/2015

Sometimes, employees hold back on reporting sexual harassment out of fear, especially if the perpetrator is a supervisor. The first you hear about it may be during the termination meeting. If that happens, suspend the employee instead of firing him. That will give you time to investigate.

Does clicking ‘Send’ too soon deliver a lawsuit?

05/20/2015
Have you ever felt that punched-in-the-gut feeling after clicking “Send” and realizing you blasted an email to the wrong person? As the CEO in this case learned, one misguided email mixed with poor judgment can stir up a potent legal stew.

When making layoff decisions, focus on worker performance, cite business necessity

05/18/2015
When it comes to reductions in force, employers must make sure that they develop a fair, reasonable and explainable selection process. Be prepared to show that the selection was based on sound business decisions and that the layoff wasn’t an excuse to terminate employees who might otherwise have a legal discrimination claim.

Leave harassment investigation to the pros

05/18/2015

There are compelling reasons to outsource or at least get legal help with a sexual harassment complaint. First and foremost, the investigation must be quick, thorough and reasonable. Employers that drop the ball and don’t punish what looks like a clear case of sexual harassment face a long, uphill battle in court.

Pregnancy accommodations in light of Young v. UPS decision

05/18/2015
On March 25, 2015, the U.S. Supreme Court issued its much-anticipated decision in addressing whether employers must provide light duty and other accommodations to pregnant employees as they do for nonpregnant employees who experience a work-related illness or injury. The court’s decision in Young v. UPS did not directly answer that question.

Good news: Court nixes long statute of limitations for rare associational claim

05/18/2015

Employees have many avenues to sue their employers for alleged discrimination. Most are common and have clear-cut deadlines. Some are more exotic. Consider, for example, an employee’s right to sue over her employer’s alleged discrimination against her because of who she associates with. Here’s what happened when one worker waited more than four years to make a so-called Section 1981 civil rights claim.

Pay attention to details when disciplining

05/18/2015
The more general your discharge reasons, the easier it is for the former employee to argue that discrimination was in play. Conversely, specific discharge reasons make it much harder to argue discrimination because chances are the fired worker won’t find someone similarly situated (i.e., who broke exactly the same rule) for comparison. See how this played out in a recent case.