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Discrimination / Harassment

Series of slights can add up to adverse action

10/29/2013
Ordinarily, it takes a discharge, demotion or other serious decision to support a ­discrimination law­­suit. Being fired, demoted or not promoted are so-called adverse employment actions. But even a series of minor employment actions can amount to an adverse action under the right circumstances.

One slur won’t create a hostile environment

10/29/2013
Courts don’t expect workplaces to be places of complete harmony—but they do expect employers to take complaints seriously. They want to see that bosses are disciplined when they make offensive comments.

Farmers Insurance sued for race discrimination in Fresno

10/29/2013
The EEOC claims managers at a Farmers Insurance Exchange office in Fresno scapegoated two Asian-American adjusters after an improper coding scandal came to light. It also asserts a white adjuster was fired in retaliation for cooperating with the EEOC’s investigation.

Madera farm faces charges of sexual harassment by bosses

10/29/2013
The EEOC has filed suit against Madera-based Zoria Farms and its predecessor company, alleging it fired several women after they complained of rampant sexual harassment.

Assigning temporary additional duties? Beware salary creep that could violate EPA

10/29/2013
As employers continue to try doing more with less, employees sometimes find themselves handling additional duties and responsibilities. That can cause real problems if it results in female employees doing extra work, and they wind up being paid less than male co-workers.

Southland temp agency sued for men-only policy

10/29/2013
When female workers sought temporary jobs at a warehouse, they were told that the temp agency, Los Angeles-based Industrial Labor Man­­age­­ment Group (ILM), was only hiring men for the positions. The women complained to the EEOC, which is now suing the firm for sex discrimination.

When employees violate anti-violence policy, make sure everyone is disciplined equally

10/29/2013
Nothing will get you in trouble faster than discipline that’s harsher for members of some classes than others. That’s especially true in cases where someone has been accused of violating anti-violence policies.

Make good-faith effort to root out racism

10/29/2013
There’s only so much you can do to prevent a racially hostile work environment. Fortunately, courts understand those limitations and won’t hold it against you—provided you acted in good faith to stop harassment.

Feel free to reprimand for substandard work

10/24/2013
Does fear of being sued keep you from reprimanding slipshod em­­ployees? If you can document their shortcomings, don’t worry.

Planning to fire expectant mom? Prove problems predated pregnancy

10/24/2013
Ordinarily, if an employer can show it decided to terminate an employee before she announced her pregnancy, a pregnancy discrimination lawsuit won’t succeed. But employers that try to make a better case for termination by whipping up a new performance appraisal that emphasizes poor performance can wind up handing the employee an easy lawsuit victory.