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Discrimination / Harassment

Before firing, consider entire work history

09/03/2013
You don’t want to fire an employee without good grounds. Sudden deterioration in performance may be real—or a sign of age discrimination. Be especially cautious if the employee’s replacement is more than five years younger or the employee has complained about age-related comments.

Victim’s conduct won’t cancel out harassment

09/03/2013
You may think that an employee who admitted to bringing a racy photo to work and showed it around couldn’t later complain when she became the target of sexual harassment. You would be wrong.

There’s no excuse for workplace abuse! Even disabled employees can be disciplined

09/01/2013
Employers don’t have to put up with angry and abusive em­­ployees who try to make life miserable for others. That’s true even if the employee is disabled and has taken FMLA and other leave to deal with mental problems or medical conditions that may be contributing to poor behavior.

Jury’s discrimination award is subject to withholding

08/29/2013
A federal appeals court has ruled that a former employee’s Title VII jury award was taxable back pay and front pay. The employer, therefore, didn’t need to seek the trial court’s approval to withhold taxes, even though the award didn’t explicitly allow the employer to withhold.

Nags Head hotel settles suit over religious accommodation

08/28/2013
A hotel company that owns a Com­­fort Inn in Nags Head on the Outer Banks has agreed to settle a religious discrimination case after it stopped accommodating an employee’s religious needs.

Court: Shift change won’t support age bias claim

08/28/2013
Employees who want to sue for age discrimination have to show that an adverse employment action—such as discharge, demotion, a pay cut or other substantial benefit loss—was connected to their age. Merely being moved to another shift doesn’t qualify.

Ministerial exception protects churches from bias lawsuits

08/28/2013

While most employers have to follow federal and state anti-discrimination laws, there is a limited exception for religious organizations. Under the ministerial exception, an employee hired to preach the organization’s religious beliefs can’t sue for discrimination.

Good news for supervisors, HR pros: No personal liability under Title VII

08/28/2013
While some federal and state laws allow employees to personally sue their super­visors or an HR professional, that’s not the case for Title VII of the Civil Rights Act. Only employers can be liable for discrimination covered by that section.

In Winston-Salem case, ‘non-Asian’ isn’t protected

08/28/2013
A DOL judge has shot down a discrimination complaint against Winston-Salem-based VF Jeanswear Limited Partnership, claiming it discriminated against “non-Asians” in its hiring practices in violation of Executive Order 11246, which forbids racial discrimination in hiring for government contractors.

NLRB, EEOC confidentiality stance muddles investigations

08/26/2013

The NLRB and EEOC are actively enforcing the position that a blanket policy requiring confidentiality during investigations violates federal labor and employment law. That means employers must proceed carefully and thoughtfully when making confidentiality requests during investigations.