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Discrimination / Harassment

Wet Seal faces class action after smoking-gun email

07/24/2012
Foothill Ranch-based fashion retailer Wet Seal faces a class-action lawsuit from black current and former employees who allege an internal email complained that the company had too many black workers.

Be prepared to explain business case for RIF

07/24/2012

Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off employees’ attorneys routinely do that math. But employers can beat such statistical arguments by showing that their decision-making processes weren’t based on age, but on other legitimate business reasons.

What are the new EEOC rules on age bias?

07/18/2012
Q. What is the final rule that the EEOC issued regarding the Age Discrimination in Employment Act (ADEA)?

Schaumburg paramedic sues over lost duties

07/18/2012
Scott Kody is suing the village of Schaumburg, claiming it discriminated against him when it stripped him of his fire-safety training duties three years ago.

Yellow doubles down, pays $11 million more for racism

07/18/2012
For the second time in three years, YRC/Yellow Transportation will pay a huge settlement resulting from racial harassment and discrimination at a Chicagoland facility.

Equitable discipline policy staves off surprise lawsuits

07/18/2012
The best defense against any sort of discrimination claim is to treat every employee the same.

Think contractors can’t sue for bias? They can–under little-noticed Section 1981

07/18/2012

Some employers mistakenly believe that if they hire independent contractors, they can get rid of them at will without risking a discrimination lawsuit. That’s not true. Independent contractors can sue for race discrimination under a different section of the Civil Rights Act—called Section 1981.

Beware policies forcing workers to take leave: That can be considered an adverse action

07/18/2012
Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced leave is consistent with company policy and applies to all employees.

Scrutinizing employee’s work isn’t retaliation

07/18/2012
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled that merely scrutinizing someone’s work more closely after a complaint isn’t retaliation.

Violence flares? You can discipline flexibly

07/16/2012
Do you have a zero-tolerance policy for workplace violence? That doesn’t mean you have to fire everyone who violates the letter of the rule. You can use some discretion, as long as you document why.