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Discrimination / Harassment

Tell bosses: Careless comments cause lawsuits

10/09/2012
The only appropriate response to a pregnancy announcement is “Congratulations.” No smart aleck comments, no questions about family size, no wondering aloud how long the employee expects to be out. If the pregnant employee asks about leave, her boss should refer her to HR.

Fry’s pays $2.3 million to settle harassment complaint

10/05/2012
Fry’s Electronics, which operates eight stores in Texas, will pay $2.3 million to settle sexual harassment and retaliation complaints arising from incidents at a store in Washington.

Retaliation suit costs construction company $38,500

10/05/2012
MKB Construction has settled charges it retaliated against an employee in El Paso after he complained of sexual harassment on the job.

Good-faith complaint required for retaliation to be possible

10/05/2012
Employees who complain about alleged discrimination are protected from retaliation—up to a point. Frivolous complaints don’t count.

Prompt cleanup, spot inspections are the keys to curing racially hostile environment

10/05/2012

Employers that adopt a proactive approach to stopping and preventing future racial hostility at work are best positioned to win hostile work environment lawsuits. Ignoring obvious signs of workplace trouble won’t make it go away and will only encourage further harassment.

Employee makes outrageously bigoted comment? Treat that as an offense worthy of firing

10/05/2012
Here’s a cautionary tale about tolerating a racially hostile comment, yet then agreeing that the comment was outrageous. Employers can’t have it both ways. Either the comment was grounds for discharge or it wasn’t really that severe.

Ledbetter law doesn’t apply to state pay claims

10/05/2012
Under the federal Lilly Ledbetter Fair Pay Act of 2009, employees who believe their paychecks reflect a discriminatory pay decision made years or even decades ago can still sue. But that principle doesn’t apply if an employee pursues a state pay discrimination claim under the Texas Commission on Human Rights Act.

Employee wouldn’t dance to Bojangle’s manager’s tune

10/02/2012
A Greensboro-area Bojangle’s restaurant has agreed to pay $33,426 to a former female employee after she was harassed, retaliated against and fired for refusing her manager’s advances.

EEOC cracks down on owner at Lexington’s Silver Diner

10/02/2012
Lexington’s Silver Diner faces an EEOC lawsuit alleging sexual harassment and retaliation against a former employee.

Know GINA rules on liability, EEOC prerequisites

10/02/2012
Good news for employers and supervisors worried about whether the Genetic Information Non­dis­­crimi­­na­tion Act expands individual liability and allows employees direct access to court. The answer is no.