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Discrimination / Harassment

Beware bias against child-rearing dads

04/03/2013
Here’s a heads-up about a possible new form of sex discrimination litigation. A father who can’t work overtime because he has child-care responsibilities may have a case if he can show that mothers were treated more favorably than fathers when it comes to flexible schedules. So ruled a federal court in New York.

Serial complainer requires patience, good records

04/03/2013
Patience is a virtue. Practice it, especially when you have an employee who seems to gripe about everything. Sure, serial complainers are a pain. Don’t make matters worse by striking back.

Older worker too slow? Firing isn’t age bias

04/01/2013
Some older workers hear “slow” and immediately assume that’s code for “old.” But sometimes, slow just means slow.

Carefully document every rule violation to defend against surprise claims

04/01/2013

You never know which fired em­­ployee might sue or for what reason. That’s why you should always carefully document all discipline, up to and including the final reason for discharge. The fact is, a legitimate business reason almost always defeats a discrimination claim.

EEOC steps up efforts to protect against LGBT bias, harassment

03/29/2013
The EEOC has begun an effort to protect LGBT workers’ rights by broadly interpreting Title VII of the Civil Rights Act of 1964. The EEOC’s newly released Strategic Enforcement Plan for 2013-2016 lists “coverage of lesbian, gay, bisexual and transgender individuals under Title VII” as one of its top six national en­­forcement priorities.

Know when to worry about discrimination–and when court will rule ‘no harm, no foul’

03/29/2013
The key issue in most race discrimination cases: different treatment for people of different races. A court recently ruled that it wasn’t protected activity when a black employee complained that one black job applicant had been subjected to greater scrutiny than another black applicant.

Watch out! Simple harassment suits can suddenly become costly emotional distress claims

03/29/2013
Because damages are unlimited in Pennsylvania common-law tort claims, disgruntled employees and their attorneys sometimes try to turn run-of-the-mill harassment cases into intentional-infliction-of-emotional-distress lawsuits. The payoff can be huge.

Charlotte security firm sued for same-sex harassment

03/25/2013
Charlotte-based Metro Special Police & Security Services faces EEOC charges that a captain and lieutenant, both men, solicited male security ­officers for sex and forced them to go to gay bars while on duty.

Offended employee must report ongoing harassment

03/25/2013
Employers that discipline employees who make racially offensive comments have done what’s required of them. Unless they hear about a recurrence, it’s safe to assume the problem was solved.

Court refuses to help pro se litigant after EEOC, attorneys reject her case

03/25/2013
Here’s some good news for em­ployers frustrated with former employees who file groundless discrimination lawsuits. Judges are increasingly unwilling to bend over backward to enable lawsuits that look like sure losers by assigning court-appointed attorneys.