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Discrimination / Harassment

California Supreme Court: ‘Mixed-motive’ applies in FEHA cases

03/20/2013
The California Supreme Court has issued a long-awaited decision on whether the “mixed-motive” de­­fense applies to employment discrimination claims under the California Fair Em­­ployment and Housing Act (FEHA).

Keep thorough records of skills-testing processes and results to counter claims of bias

03/20/2013
Do you administer make-or-break tests that everyone must pass? If so, make sure you test everyone under similar circumstances. Keep careful records of testing conditions and test results. That way, if someone claims the test was biased, you can at least show it was administered fairly and impartially.

Quest for ‘new blood’ could bleed bank account if it results in huge punitive damages award

03/15/2013
If you place an older worker who has complained about age discrimination on a performance improvement plan  that is essentially impossible to complete, watch out! You’re setting yourself up to pay out huge punitive damages—even if the employee winds up winning just a modest retaliation verdict.

Courts crack down on EEOC’s ‘fishing expedition’ tactics

03/12/2013

The EEOC has great power and considerable autonomy when investigating employers. But that doesn’t mean the commission has carte blanche to do whatever it wants. In fact, courts have recently issued rulings that place significant curbs on some EEOC practices.

Another lawsuit in state police Asian sex-trip scandal

03/12/2013
The Pennsylvania State Police sex-tourism scandal gripping Harrisburg just got even more complicated. Yet another trooper is suing the state, claiming he was passed over for a promotion after testifying in connection with the original lawsuit that blew the whistle on police officials who allegedly traveled to Asia to engage in sex.

Little incidents can become harassment over time

03/12/2013
Respond ASAP with swift discipline the first time someone levels sexual or anti-female taunts at an employee. Otherwise, the problem will grow. You may not realize something is wrong until the victim quits and sues.

Accommodating religion: What HR & managers need to know

03/12/2013
The increasing religious diversity in the workforce is causing more managers to make legal mistakes. Title VII of the Civil Rights Act of 1964 makes it unlawful to dis­­crimi­­nate against applicants or em­­ployees based on their religion. Here’s what the law means to employers and managers on a practical, day-by-day level.

Scooter Store settles suit alleging it violated ADA

03/07/2013
New Braunfels-based mobility aids retailer The Scooter Store has settled a disability discrimination suit with the former manager of a store in New York. The manager claimed the store fired him after he requested a leave of absence to care for his psoriatic arthritis.

Courts cracking down on pro se litigants

03/07/2013
Employers that face lawsuits from employees who act as their own lawyers know it’s hard to get those cases dismissed. But judges are becoming more sensitive to this problem—and less tolerant of pro se litigants.

It’s up to employee to connect dots between alleged bias, protected status

03/07/2013
The fact that a worker may endure slights, insults or even plots to drive him out of the job aren’t necessarily the basis for liability. It’s up to the employee to prove a connection between incidents and something like his race, age, disability or other protected characteristic.