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Discrimination / Harassment

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.

Need to change an employee’s duties? It’s smart to document the reasons why

08/08/2014

Employers have the right to manage their workforces in the most efficient way possible—as long as they don’t discriminate. As a practical matter, that means employers should be aware of potential lawsuits when making significant workplace changes, such as reducing the workforce or reassigning work. When taking such actions, be sure to document the economic reasons for the changes.

Are we liable for male-female pay disparities?

07/31/2014
Q. The company that I own has been in business since 1930. We recently performed an assessment of positions and salaries and discovered that our male executives are paid higher salaries than female counterparts. Are we liable for any unfair business practices?

Fort Worth rehab center settles disability bias suit

07/31/2014
The Fort Worth Center for Reha­­bil­­i­­­­tation will pay a rejected job applicant $30,000 to settle a disability dis­crimination suit filed by the EEOC. The EEOC alleged the center failed to accommodate a certified nursing assistant’s disability when conducting a pre-employment drug screen.