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Discrimination / Harassment

Illinois EEOC discrimination complaints up sharply in 2011

06/25/2012
Although Illinois accounts for just 4.1% of the nation’s population, 6.1% of all EEOC discrimination charges originated in Illinois in fiscal year 2011.

Sound policy beats post-firing lawsuits

06/25/2012
You just terminated an employee for misconduct or poor performance. A few weeks later, you receive an EEOC complaint alleging that the employee suffered years of harassment and discrimination. If you didn’t have clear rules in place for reporting such conduct, you may be facing years of litigation.

No Title VII protection for illegal immigrants

06/25/2012

Employers can’t discriminate against someone based on her  national origin. But what about discrimination based on whether someone is in the country illegally? Is that also national-origin discrimination? The answer is a resounding “No!” according to a recent 7th Circuit Court of Appeals case.

How far must we go to accommodate employees’ unusual religious beliefs?

06/20/2012
Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for certain holidays off. Are we required to accommodate this employee’s request?

Security firm lets down guard on San Jose harassment

06/20/2012
Guardsmark Security will pay $25,000 to settle a national-origin and age-­harassment complaint filed by an employee working in San Jose.

Remember, ‘persons’ can report FEHA violations–even if they’re partners in the business

06/20/2012
The Court of Appeal of California has ruled for the first time that a partner who reports sexual harassment is protected from retaliation under the Fair Employment and Hous­­­­ing Act (FEHA).

Californians trail nation in per capita EEOC charges

06/20/2012
Recent EEOC data don’t back up ­Cali­­fornia’s reputation as a lawsuit-happy state. They show that Califor­­nians proportionately file fewer EEOC complaints than other Americans.

OK if retirement plan favors surviving spouses

06/20/2012
Courts have spent considerable time sorting out the impact of Title VII on defined-benefit pension programs. Does an employer have to equalize the total amount male and female retirees receive? The answer is no.

Limiting same-sex perks, DOMA ‘unconstitutional’

06/20/2012
A federal district court has ruled that the federal Defense of Marriage Act (DOMA) violates the equal protection clause of the Constitution by prohibiting California same-sex couples from signing up for long-term care insurance through the California Public Employees’ Retirement System.

It’s time to review your criminal history screening practices

06/18/2012
In April, the EEOC issued a new Enforcement Guidance document on the use of criminal history information in making hiring and other employment decisions. In light of the guidance and the EEOC’s increased focus on discrimination in hiring, employers should review and update their criminal history screening policies and practices.