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Discrimination / Harassment

Base pay on job–not title or job description

04/08/2014

To avoid unintentional bias, HR and supervisors must look deeper than job descriptions when setting up pay scales. That’s why it’s best to regularly reevaluate your job descriptions and match them to actual job tasks and duties.

EEOC issues new guidance on religious garb and grooming

04/08/2014
In an attempt to clarify employers’ rights and responsibilities under Title VII’s prohibition against religious discrimination, the EEOC has issued a new guidance document regarding religious clothing and grooming in the workplace.

Disabled waitress sues after Houston restaurant raises bar

04/07/2014
Nick’s Restaurant and Sports Bar in Houston faces an EEOC lawsuit after it allegedly stopped accommodating a disabled em­­ployee with dwarfism.

Not every work dispute is a ‘federal case’

04/07/2014
Federal courts are beginning to be more selective in the types of employment discrimination cases they consider. No longer can employees essentially “make a federal case” out of any workplace dispute.

Don’t let lawsuit fear stop appropriate discipline

04/07/2014
Some employers want to avoid litigation and don’t like to discipline someone they are sure will sue. That can be a mistake, especially if the employee in question is harassing or discriminating against others.

Comments don’t always have to be overtly sexual to create hostile environment

04/07/2014
When a supervisor constantly ridicules an employee, watch out. The worker may have a hostile work environment claim if she can tie the demeaning comments to just one or two overtly sexual ones.

Same job, new office? That’s not retaliation

04/07/2014
While a real adverse employment action may trigger a retaliation claim, many minor changes aren’t truly adverse. For example, moving an employee to a different office without changing anything substantial about his job probably isn’t retaliation.

Worker claims negligent supervision caused harassment? She must sue under Title VII

04/03/2014

Employers that don’t do enough to combat sexual harassment in the workplace face liability under Title VII. But it doesn’t follow that har­­assed em­­ployees can also sue under state law for negligent supervision. Employees have to be satisfied with the remedies under Title VII and can’t go for a larger jury award under state common law.

Prevent retaliation after good-faith complaint

04/03/2014

It’s illegal to retaliate against employees for complaining about sex discrimination or harassment. The employee’s initial complaint doesn’t have to pan out, either. It’s enough that the employee reasonably believed in good faith that she was being discriminated against.

Beware retaliation when rehiring after layoff

04/03/2014

When an employee complains about discrimination and then finds himself part of a reduction in force, he may have a tough time proving that the complaint had ­anything to do with the layoff. But if he then ends up being the only employee never recalled or rehired, he may have a retaliation case.