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Discrimination / Harassment

Suit alleges women forced to kiss and wrestle at bar

08/14/2014
A midtown-Manhattan bar faces charges it forced waitresses to kiss one another and wrestle in cranberry sauce while patrons took pictures and videos.

Even with arbitration, some claims may go to trial

08/14/2014
Here’s something to consider when you decide to add an arbitration clause to applications and require employees sign them as a condition of employment: You may end up forcing the em­­ployee into arbitration, but still become embroiled in other related litigation.

Beware even tiny pay gaps between men and women

08/14/2014
Even a small gender-based pay differential may be­­come the foundation of a class-action lawsuit.

Judges don’t preside over pity parties: Unfairness not enough for a lawsuit

08/14/2014
Sometimes, like life, supervisors are unfair. But unless there’s some other problem, being treated unfairly isn’t grounds for a lawsuit. Employees have to show that something illegal motivated the unfairness, such as racial or gender bias. Just saying that was the reason isn’t enough, either.

Better late than never: Stop long-simmering racial hostility as soon as you discover it

08/14/2014
Sometimes, employees complain about racial harassment but don’t sue right away. Don’t think the problem will go away just because no one has filed an EEOC complaint.

EEOC expands protections for pregnant employees

08/14/2014
New EEOC guidance issued July 14 says that, under the Pregnancy Dis­­crimination Act, an em­­ployer must accommodate pregnant em­­ployees by offering work restrictions—such as light-duty work—if the employer accommodates nonpregnant employees with similar inabilities to work.

RIF that shows racial disparity spells trouble

08/14/2014
Sometimes, business conditions require companies to implement reductions in force. Before you put your HR seal of approval on who stays and who goes, be sure that hidden discrimination isn’t influencing the decisions.

Pregnancy unnecessary for pregnancy bias suit

08/14/2014
A woman doesn’t have to be pregnant to sue for discrimination under the Pregnancy Discrimination Act. Wait, what?

Firefighter afraid of fire: Is that an ADA-covered disability?

08/12/2014
Lots of people have a fear of running into a burning building. But what if a professional firefighter has such a fear that prevents him from doing his job? Is such a fear considered an ADA-protected disability that must be accommodated by the employer?

Not every employee call to complaint hotline counts as ‘protected activity’

08/11/2014
Federal law makes it unlawful to retaliate against employees who voice harassment or discrimination claims. Generally, employees who call hotlines are protected because the call itself is “protected activity.” But that’s not always the case.