• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

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.

Overwork, rudeness don’t create hostile environment

08/26/2013
Workers who are more sensitive than others can’t sue, alleging a hostile work environment, unless conditions are truly terrible. They simply have to tolerate the occasional un­­kind comment and other ordinary workplace annoyances.

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.