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Discrimination / Harassment

Age Discrimination: ADEA/OWBPA

01/05/2014

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions …

Keep tabs on employees socializing at work

01/03/2014
Sometimes, employees’ social interactions cross the line from productive to disruptive. Before you punish friendly co-workers, consider quantifying their behavior. That makes it easier to defend against charges that you singled out some chatty co-workers for harsher treatment than others based on their protected status.

Pennsylvania anti-bias agency sued for race bias

01/03/2014
The Pennsylvania Human Relations Commission (PHRC) is getting a taste of its own medicine. A candidate for the position of PHRC executive director has filed a lawsuit claiming that the commission—which investigates discrimination charges—is guilty of being racially biased.

A hairy problem: Cut biased grooming rules

01/03/2014
Here’s a warning about general grooming standards and disciplining employees over their hairstyle choices: Make sure you apply the same standards to all employees and don’t end up forbidding members of a particular protected class to wear hairstyles that are OK for other workers.

Quick action key to preventing harassment lawsuits

01/03/2014
Here’s how to handle sexual har­­ass­­ment complaints: Investigate fast and fix any problems you find. Then don’t fear legitimate discipline afterwards.

Beware calling older employee ‘old man’

01/03/2014
Include ageism in your discrimination and hostile work environment training. And for goodness sake, remind bosses not to refer to older workers as “old man” or “old woman.”

Government employers: Section 1983 may mean liability for sexual orientation bias

01/03/2014
While Congress has not yet passed an amendment to Title VII of the Civil Rights Act that outlaws employment discrimination based on sexual orientation, public employers are increasingly being sued under Section 1983, which prohibits government from denying citizens their constitutional rights to equal protection of the law.

Deflecting Cupid’s arrow in an environment shaped by #MeToo

01/01/2014
With Valentine’s Day on the way, now is an excellent time to reexamine sexual harassment policies.

How to avoid age bias when talking retirement

12/31/2013

Supervisors and HR walk a legal tightrope when discussing retirement plans with aging workers. If it appears you’re pushing an employee out the door based on his age, you’ll be setting yourself up for an age discrimination lawsuit.

L.A. approves $1.5 million police harassment settlement

12/24/2013
Los Angeles Mayor Eric Garcetti has approved a settlement payment of nearly $1.5 million to LAPD Officer Earl Wright, signaling the end of the city’s long legal fight with the veteran cop, who sued for racial harassment.