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Discrimination / Harassment

You should ban all racial slurs at work, but hold supervisors to a higher standard

11/19/2013
When it comes to the use of racial or other patently offensive slurs, it makes a difference who does the talking and how often. Courts don’t tolerate slurs when a supervisor is responsible, but cut employers more slack when it’s a co-worker speaking.

Don’t tolerate bully boss–but don’t fear bias lawsuit if he’s awful to everyone

11/19/2013
While it’s unpleasant and unproductive, having a supervisor scream at subordinates isn’t grounds for a race discrimination lawsuit if he never uses racially offensive words.

Immediately apply your policy to stop harassment before it escalates

11/19/2013
An effective sexual harassment policy that includes prompt investigation of any complaints of physical touching is key to prevailing in a sexual harassment lawsuit. What should your policy include?

11th Commandment: If employee truly believes, thou shalt accommodate

11/18/2013
Federal law says that as long as an employee’s religious belief is “sincerely held”—which is almost impossible to quantify—employers have to look for a reasonable accommodation that meets the em­­ployee’s needs.

Requiring foreign language skills isn’t discrimination

11/14/2013
Do you need some employees to speak a foreign language? Don’t worry that requiring fluency could be viewed as discrimination.

Add failure-to-hire claims to list of employment law issues involving internships

11/14/2013
You have probably read that un­­paid interns are suing ­employers for unpaid minimum wages and winning. Now they’re pushing the envelope even further, trying to get federal courts to hold employers liable for sexual harassment and hostile environment claims, too.

EEOC sues sheet metal contractor for sex bias

11/14/2013
Cold Spring Harbor-based Vamco Sheet Metal faces an EEOC sex discrimination lawsuit resulting from its work on an expansion on the campus of the John Jay College of Criminal Justice be­­tween 2009 and 2011.

Ensure taking leave is employee’s choice

11/14/2013
Forcing someone to take leave when she doesn’t want to can be considered an adverse employment action and become the basis for a discrimination or retaliation lawsuit.

Stop harassment by reining in sexual banter

11/14/2013
A few stray, sexually oriented comments between co-workers aren’t enough to support a full-blown sexually hostile work environment lawsuit. But you can prevent serious legal trouble by stepping in before it gets out of hand.

Handling complaints: Do bosses know chain of command?

11/14/2013
A new court ruling says that even a manager who can’t hire, fire or discipline can still hold a company responsible for Title VII harassment liability if he or she fails to send an employee’s complaint to the correct links on the corporate chain …