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Discrimination / Harassment

Email claiming ‘mistreatment’ not protected activity

08/26/2013
Employees who complain about discrimination are protected from retaliation. But their complaints have to be specific, at least mentioning why they suspect discrimination. Other­­wise, they aren’t engaged in protected activity and can’t allege retaliation.

Candidate tanks during job interview? That’s a legitimate reason not to hire

08/26/2013
Interviews reveal applicants’ membership in protected classes like race, sex and obvious disability. As a result, courts sometimes look with suspicion on rejecting an applicant who was obviously qualified enough to earn an interview but who was rejected because of her interview performance.

OK to broach retirement option before layoff

08/26/2013
Merely informing an older worker that he or she may be eligible for retirement benefits while discussing a layoff isn’t evidence of age discrimination.

Man sues California prisons for sex bias, harassment

08/22/2013
The DOJ is suing the California Depart­­ment of Corrections and Reha­­bili­­ta­­tion (CDCR) on behalf of an employee who alleges he suffered sex discrimination and harassment. The lawsuit alleges that for more than a year, a female co-worker sexu­­ally harassed the man.

Court cuts slack for bankrupt employee, declines to enforce traditional litigation rules

08/22/2013
Employees who lose their jobs may not understand that if filing for bankruptcy, they must list any potential litigation claim as an asset. Federal courts have dismissed even obviously valid employment discrimination lawsuits when employees failed to disclose such claims in their bankruptcy paperwork. That may no longer continue, if this recent case is any indi­­cation.

Fashion tip for the fall season: Don’t tolerate teasing about clothing

08/22/2013
Here’s a warning for your super­­visors and managers: If an em­­ployee complains that other em­­ployees are making fun of his wardrobe choices or other manner of dressing, act fast to stop the teasing.

The growing risk of ‘caregiver discrimination’

08/22/2013
Remind supervisors that treating employees (or applicants) less favorably because they have caregiving responsibilities can quickly trigger a lawsuit—and that’s more true now than ever. Your management training sessions should include in­­for­­mation on the FMLA, ADA and other laws that affect the issue.

Employers win Nassar battle, but retaliation war continues

08/20/2013
In June, the U.S. Supreme Court ruled in University of Texas Southwestern Medical Center v. Nassar that, to win a retaliation lawsuit, an employee must show the employer’s intent to retaliate against the employee for exercising Title VII anti-discrimination rights was the “but for” cause of the challenged action, not just a motivating factor. As important a victory as the Nassar ruling was for employers, it’s important to recognize that the retaliation war is ongoing.

Worker doesn’t have to be minority to complain about racial harassment

08/20/2013
Here’s an important reminder that employees don’t have to be black to complain about racial harassment in the workplace and win a large jury award.

Court: Minneapolis woman can invoke Norwegian law

08/20/2013
A Minnesota woman who lived in Norway for 20 years before returning to the states to take a job with the Norwegian consulate in Minneapolis will be allowed to apply Norwegian law in a pay discrimination lawsuit.