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Discrimination / Harassment

ADA: Don’t rush to scrap essential function

04/21/2015

It’s not always possible to accommodate an employee’s disability. Employers do have to consider possible accommodations that allow a disabled employee to retain his job. However, it is unreasonable to expect the employer to entirely eliminate an essential job function.

Transfer worker to combat constructive discharge

04/16/2015
Employees who feel so harassed that they have no choice but to quit can still sue. Cut your liability for what’s known as constructive discharge by transferring the employee.

44 years later, huge settlement ends EEOC discrimination lawsuit

04/14/2015
The EEOC is extraordinarily patient, and employers aren’t its only target.

Hibbing School District caught between DHR and arbiter

04/13/2015
Hibbing High School postponed the arbiter-ordered return of a fired assistant principal after parents and the state Department of Human Rights weighed in. DHR had concluded the assistant principal had probably discriminated against female students during his tenure.

Women’s hockey coach’s firing leads to Title IX lawsuit

04/13/2015
Shannon Miller is one of the most successful coaches in NCAA women’s hockey history, but the University of Minnesota-Duluth concluded she and her all female coaching staff were a luxury it could no longer afford. Citing budgetary reasons, UM-D announced it would not renew their contracts.

Promoting employee: Yeah, that probably doesn’t count as retaliation

04/13/2015

It’s considered protected activity when employees complain about harassment based on ethnicity or other protected characteristics such as sex, race or religion. That means employers can’t retaliate against employees for having filed a harassment complaint. Now a court has clarified the obvious: Promoting an employee isn’t retaliation.

Is that employment action adverse? 5th Circuit won’t say

04/13/2015
Not every slight, indignity or inconvenience experienced in the workplace is sufficient to meet the standard set by the ADEA, Title VII of the Civil Rights Act of 1964 or other state or federal law. Even so, where does one draw the line?

Texas legislation would protect LGBT employees

04/13/2015
Texas Sen. Jose Rodriguez has proposed a bill barring discrimination against the state’s lesbian, gay, bisexual and transgender employees.

Ad hoc second chances? See you in court!

04/13/2015

If you have a strict rule in place that calls for discharge for a specific offense, be careful before you make an exception for one employee. If you do, another who doesn’t’ get a second chance may believe the real reason is some form of discrimination and point to the other employee’s race, ethnicity, sex or other characteristic different from his as proof.

Take care when new boss is former colleague

04/13/2015
Assume that a lingering friendship can affect the supervisor/subordinate relationship. At least for a trial period, carefully review all discipline that the new boss wants to impose.