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Discrimination / Harassment

Sexual Orientation Issues

12/01/2014
HR Law 101: Although Title VII does not specifically protect workers because of their sexual orientation, 21 states and the District of Columbia have laws that do. Similarly, 17 states and the District of Columbia have laws barring private employers from discriminating based on gender identity.

EEOC files its first case alleging transgender bias

11/20/2014
For the first time in its history, the EEOC has filed suit against employers alleging discrimination against transgender employees.

Investigate, separate the parties when employee alleges co-worker harassment

11/17/2014
When an employee claims a co-worker sexually harassed her, employers have to investigate the claim, even if there aren’t any witnesses. Getting to the truth requires a timely investigation, as well as immediately separating the co-workers.

Bullying alone is not legitimate grounds for lawsuit–yet

11/14/2014

Employers should, of course, always discourage bullying. It crushes employee morale and spikes turnover. But unless employees can prove they were targeted for bullying and harassment based on a protected characteristic (sex, race, age, etc.), they typically won’t have a case against an equal-opportunity screamer boss.

Employee testifies in lawsuit: That’s protected activity

11/14/2014
Goodwill Industries will pay $100,000 to settle a long-standing lawsuit for retaliation filed by the EEOC.

Focus on transgender discrimination as EEOC brings first cases

11/13/2014
Just before the launch of Amazon’s new TV series about a 70-year-old divorced father who announces to his children that he intends to transition from a man to a woman, the EEOC filed its first-ever lawsuits alleging sex discrimination against transgender individuals.

Choir director hires top attorney for gay-bias suit

11/13/2014
A gay man who directs the choir at St. Victoria Catholic Church in Vic­­­­toria has retained the attorney who represented Minnesota Vikings punter Chris Kluwe after the athlete alleged that the team was intolerant of gays.

EEOC sues FedEx for bias against hearing-impaired staff

11/13/2014
Shipping giant FedEx faces an EEOC lawsuit alleging that it systematically fails to accommodate deaf and hearing-impaired employees.

No touching required to support lawsuit alleging supervisor harassment

11/13/2014

There’s flirting and then there’s sexual harassment. If the flirter is a supervisor, it’s probably sexual harassment whether or not there was any physical contact. Set a strict no-fraternization rule for supervisors and subordinates.

Older workers driving up insurance costs? That’s no reason to terminate them

11/13/2014

Because it costs more to provide health insurance for older workers, some employers may be tempted to trim their workforce of older workers during reductions in force. Or they may think twice before considering hiring an older applicant. Such actions carry considerable risk that the employee or applicant will sue for age discrimination.