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Discrimination / Harassment

Supreme Court rejects EEOC’s broad definition of ‘supervisor’

08/13/2013
In a major victory for employers, the Supreme Court in June ruled that, in Title VII cases, only someone with the power to take “tangible employment action” can be considered a supervisor. The Court’s decision in Vance v. Ball State will make it harder for employees to sue for supervisor bias, a claim that carries strict employer liability.

Deaf patrons steamed at lower Manhattan Starbucks

08/13/2013
According to a suit filed in federal court, workers at a New York City Starbucks openly mocked deaf patrons—and their rude behavior didn’t stop there.

Boss, employee of different races? That’s not bias

08/13/2013
Most workplaces now reflect the nation’s increasing diversity. Don’t let that worry you. An employee can’t sue just because a ­manager who makes employment decisions belongs to a different racial group.

Relax! Merely unpleasant working conditions won’t make you a target for bias lawsuits

08/13/2013
Sometimes, work is just plain unpleasant. That’s no reason for employees to sue. Unless the working conditions can be traced to some form of illegal discrimination, the court system won’t intervene.

Anti-harassment policy, training are meaningless if supervisors decide to ignore them

08/13/2013
When a co-worker makes himself a nuisance (or worse), a robust anti-harassment policy, a clear reporting method and swift and sure action will cut liability in almost all cases. But what if the policy isn’t en­­forced or a supervisor learns about the harassment but ignores the problem and doesn’t take action? Then all bets are off.

Just how many plaintiffs can one suit have?

08/13/2013
What if you get a hiring decision wrong, choosing someone from one protected category over another slightly better-qualified minority applicant? Fortunately, that misstep won’t open the door for hordes of minority applicants to sue. Only the slightly better-qualified applicant will have a claim.

Hypersensitive employee? What’s hostile depends on objective analysis

08/08/2013
Don’t worry too much if a sensitive soul finds the workplace unpleasant. Absent tangible, objective evidence that an environment is truly hostile, her lawsuit won’t go far.

Remind bosses: Part-time workers have the same job rights as full-timers

08/08/2013

Some managers mistakenly believe there’s no danger in firing new part-time employees or treating seasonal employees differently. That’s just not true.

J.B. Hunt drops ban on hiring those with criminal records

08/07/2013
Transportation giant J.B. Hunt has agreed to revise its hiring policy that the EEOC claimed prohibited hiring anyone with a criminal record. The case began with a single black applicant who was denied a truck driving position because he had been convicted of a crime.

Document stressful work conditions to defend against retaliation claim

08/05/2013

Some jobs are inherently more stressful than others and some positions require careful supervision. Employees with such jobs may feel anxious and under constant scrutiny. That can be an unexpected benefit should an employee claim some form of harassment based on sex, race, disability or other protected membership.