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Discrimination / Harassment

Boss’s verbal gaffe doesn’t prove retaliation

12/10/2013
Worried that a supervisor’s isolated, ill-advised comment about a subordinate’s cooperation in a discrimination case will mean an automatic win if the employee sues for retaliation? It’s not a sure thing.

2 employment law bills fall to Gov. Brown’s veto pen

12/03/2013
Gov. Jerry Brown recently vetoed two laws affecting employee rights.

When contesting timeliness of lawsuit filing, remember to factor in weekends, holidays

12/03/2013

Employees have just 90 days from the date they receive an EEOC right-to-sue letter to file a federal discrimination lawsuit. However, 90 days isn’t as straightforward a deadline as it might seem.

Received EEOC subpoena? Respond now!

12/03/2013
Here’s an important warning: If the EEOC mails your company a subpoena for information about a pending investigation, you have just days to object—or you’ll lose the right to do so. That’s why you absolutely need a clear process for immediately getting the subpoena to your attorney.

Warn employees: Text messages may be evidence

12/02/2013

Text messages make communication easy and convenient, but casual comments dashed off electronically may come back to haunt you. That’s why you should remind employees that texts should be composed with the same careful deliberation as letters and memos.

Texas sues EEOC over background check guidelines

12/02/2013

The state of Texas filed a federal suit against the EEOC, disputing guidance that discourages employers from instituting total bans on hiring convicted felons.

No adverse action means no constructive discharge

12/02/2013
Earlier, we reported on a case that concluded a high-stress environment isn’t grounds for quitting. It’s back.

Check settlement agreements for precise ADEA language

12/02/2013
When an employee promises not to sue for age discrimination and accepts money in exchange for that promise, he can revoke that agreement unless it contains some very specific language. But the revocation can only apply to the age discrimination claims, not others. Those remain settled.

Avoid needless reference to culture differences

12/02/2013
There is a fine line between a rational discussion of cultural differences and stereotyping. If you are tempted to educate employees on appropriate workplace behavior, stick with a straightforward description of what behaviors you want to see, not how they differ from other cultural norms.

Is there a legal way to ask if candidates will be able to work weekends and after hours?

11/27/2013
Q. We are currently interviewing for an event coordinator position, which would require the person to frequently work well beyond the usual 9-to-5 workweek. Is there a way we can ask about personal situations and make it clear that missing these events because of family obligations would not be tolerated?