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Discrimination / Harassment

Recently enacted California law prohibits civil rights waivers

12/24/2014
It is now illegal in the state to require employees to sign agreements waiving their rights under the Ralph Civil Rights Act (Civil Code 51.7) and the Tom Bane Civil Rights Act (Civil Code 52.1). Those civil rights laws prohibit hate violence and threats against citizens based on certain protected classes, such as political affiliation, sex, race, color, religion, ancestry, national origin, disability or medical condition, or on account of position in a labor dispute.

Court: Bias must be ‘substantial factor’ in firing

12/24/2014
A state appeals court has just reversed part of a jury award based on a new California Supreme Court requirement that employees prove that discrimination was “a substantial motivating factor” for the firing rather than merely a motivating factor. However, no such rule applies to har­­ass­­ment claims.

DOJ: Title VII covers transgender bias

12/24/2014
Attorney General Eric Holder issued a Dec. 18 memo informing DOJ staff and U.S. Attorneys that the department will no longer assert that Title VII’s prohibition against discrimination based on sex excludes discrimination based on gender identity per se, including transgender discrimination. That reverses a previous Department of Justice position.

Disabled SSA employees settle for $6.6 million

12/23/2014
Current and former employees of the Social Security Administration will receive $6.6 million to settle charges the agency failed to accommodate disabled workers and denied them promotions. A federal judge in Baltimore has given preliminary approval to the deal.

Comments on accent aren’t automatically discrimination

12/23/2014
Some people who speak English well still have thick accents. Asking for clarification or inquiring about the accent isn’t national-origin discrimination, as long as it’s not disrespectful.

Aim high! You can strive for a more diverse workplace without breaking the law

12/23/2014
As long as you consider all candidates on their individual merits and not solely because of what sex, age, race or ethnicity they belong to, your efforts at diversity won’t get you in trouble.

More than a matter of style: Grooming rules can differ based on sex

12/23/2014
If you have a dress and grooming policy that sets out different rules for men and women, you aren’t necessarily setting yourself up for a sex discrimination lawsuit.

City of Brotherly Love rates high for LGBT rights

12/23/2014
Philadelphia scored a perfect 100 in the Human Rights Campaign’s annual rankings of American cities with local laws and policies that protect lesbian, gay, bisexual and transgender people from discrimination.

Severance Pay

12/18/2014

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements …

Promoting? Don’t factor in child care responsibilities

12/15/2014
A woman who was turned down for a promotion to a manager or an assistant manager postion in a pawn shop in Alabama claimed the employer discriminated against her because of her gender and child care responsibilities.