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Discrimination / Harassment

Harassment settlement requires boss accountability

01/06/2022
The EEOC has settled another sexual-harassment case for more than $1 million. It also extracted a novel promise from the employer: It will hold managers accountable for enforcing anti-harassment rules by making compliance one of their performance objectives.

Prepare to pay if class action alleges sex bias

01/06/2022
A huge number of gender-bias and sexual-harassment cases settled for big sums in 2021. Not to be outdone by million-dollar-plus settlements, another big employer threw in the towel to finish out the year.

Cost of an age-biased layoff plan: $2.25 million

12/22/2021
If you are planning to terminate many employees in a reduction in force, be sure to assess the possible adverse impact the RIF might have on older workers—anyone age 40 or older.

EEOC cracks down on pre-hire strength tests

12/22/2021
The EEOC is filing—and winning—lawsuits on behalf of female applicants who complained they lost out on jobs for which they were otherwise qualified because they failed a post-offer, pre-employment strength test.

Avoid constant questions about workers’ retirement

12/16/2021
When a 60-year-old HP employee got a new manager, the boss began to call him “uncle,” criticized his “old skills” and repeatedly asked when he was “going to retire.” After losing his job in a RIF, the employee sued for age bias.

Offer paid suspension while you investigate allegations

12/16/2021
When employees are accused of serious misconduct, consider suspending them with pay. It’s a way to keep alleged bad actors from doing further damage while discouraging them from suing for discrimination and retaliation.

$2 million verdict in ‘glass ceiling’ bias suit

12/16/2021
For decades, women have complained that a “glass ceiling” effectively prevents women from climbing to the top of the organizational ladder. Over the years, numerous sex discrimination lawsuits have taken aim at the glass ceiling, including this one.

Make plans to handle high-level harassment

12/16/2021
Sexual harassment isn’t just a problem on the factory floor or in the back of the store. It sometimes simmers in executive offices, too. And the further up the chain of command the harassment originates, the more likely it will cost your organization a fortune in damages and disastrous PR.

Be sure to track who you didn’t hire, too

12/09/2021
If the same person who made a hiring decision, knowing the candidate belonged to a protected class, also makes the firing decision, it’s almost impossible for the former employee to sue and argue she was terminated because of discrimination. But to succeed in court, you must be able to describe the applicants you did not hire.

Retaliation by top executive or HR? Prepare to pay up

12/02/2021
Congratulations! A court just said you were not liable for discrimination! Now about that retaliation claim ….