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Discrimination / Harassment

Before approving discipline, check last review

05/07/2012
When a supervisor recommends discipline or anything else that could be viewed as an adverse employment action, be sure to check the employee’s latest evaluation before you approve it. If what the boss says is currently going on appears inconsistent with the evaluation, find out why.

Alleged retaliation draws lawsuit for Dollar General

05/04/2012
Retail giant Dollar General faces a retaliation suit after it fired two workers from its store in Marion.

Jury will decide artificially inseminated teacher’s lawsuit

05/04/2012
A controversial Pregnancy Dis­­crimi­­nation Act lawsuit involving an un­­married woman who was artificially inseminated and who teaches at a Cincinnati Catholic school will go to trial following a federal court ruling.

Counter bias claims: Show how your rational promotion process selects best candidates

05/04/2012
When it comes to promotions, smart employers make sure they carefully document the selection process. That way, if an employee challenges the decision, the company will have something compelling to show the court.

It’s just putting off the inevitable: Don’t let management shrug off hostile work environment

05/04/2012
Having trouble persuading upper management to get proactive about harassment and hostility complaints? Remind them that ignoring such a problem will only make it ­fester—until someone decides to sue.

Do you give different leave to working moms and dads?

05/04/2012
Do you sometimes grant employees “­special leave” to take care of their school-age kids? Beware if you allow special leave for mothers in your workplace, but not for fathers. One court just warned, “A company’s ‘special leave’ not grounded in law just may be discriminatory.”

Federal contractors: No action on gay-bias rule

05/04/2012
While the DOL cleared an executive order that would have made it illegal for federal contractors to discriminate against employees (or applicants) based on their sexual orientation, President Obama is not expected to sign the order, although he favors the idea.

Age bias suits: New rules on ‘reasonable factors other than age’

05/03/2012
The EEOC’s new ADEA regulations lay out several considerations to guide courts and em­­ployers and employees in determining whether factors used in deciding on a particular employment practice pass the “reasonable factors other than age” (RFOA) test.

NYC law firm settles partner’s age discrimination case

05/03/2012
Kelley Drye & Warren, a New York City law firm with more than 300 attorneys, had a policy of requiring partners who reached age 70 to relinquish equity in the firm, receiving only discretionary bonuses. Too bad for the firm that Eugene D’Ablemont knew the law …

Can USERRA form the basis of a harassment suit?

05/03/2012
A New York federal trial court has sidestepped the question of whether harassment based on military service is illegal under USERRA.