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Discrimination / Harassment

Quitting for sex harassment warrants unemployment comp

09/13/2011
Employees who can show they quit their jobs because of unresolved complaints about sexual harassment are entitled to unemployment benefits.

Court: Isolated risqué comments aren’t enough to create a hostile work environment

09/13/2011
Not every inappropriate comment in the workplace is grounds for a lawsuit. Even several isolated comments don’t necessarily make the workplace hostile, especially if they aren’t directed at the complaining employee.

Following up: The most important, yet most overlooked, part of HR investigations

09/13/2011

When employees complain about alleged discrimination or harassment, smart HR pros make it a point to check back regularly with the employee who voiced the complaint. Then, they document those conversations and address any problems reported by the employee. This simple step carries two important benefits.

Be prepared to defend retaliation lawsuit if fired worker had ever complained to HR

09/09/2011

Fired employees seeking money (or revenge) often wrack their brains to recall incidents that might justify a sexual harassment or discrimination lawsuit. Suddenly, that casual complaint to HR starts to look like a pretext for their discharge—at least in their minds and their attorneys’. That’s why you should assume that every complaint will become the basis for a lawsuit.

Was accent on no accents at tony Princeton Club?

09/07/2011
New York City’s Princeton Club faces a lawsuit alleging it terminated a long-time employee because of her accent. The employee claims the club fired her after nearly 30 years of service because a new general manager found Hispanic accents “embarrassing.”

Diverse workplaces may spur additional lawsuits

09/07/2011
Employers are discovering that having a diverse workplace may mean more lawsuits. Why? Employees belonging to groups that traditionally haven’t experienced discrimination may find more reasons to sue.

Bloomberg beats EEOC in pregnancy-discrimination class action

09/07/2011
The media empire Bloomberg L.P. has won a huge victory in a case championed by the EEOC. The agency had claimed that Bloomberg discriminated companywide against women who became pregnant and returned to work.

At Jones Beach, fashion foul or was it age discrimination?

09/07/2011
When Long Island’s Jones Beach re­­quired its lifeguards to wear Speedo swimsuits for an annual swimming test in 2007, it chafed 61-year-old Roy Lester in more ways than one. He re­­fused to don the skimpy trunks for his test. The beach patrol fired Lester for in­­subordination.

When hiring, prepare for frivolous lawsuits

09/07/2011

It’s sure to happen: Eventually, a disgruntled applicant or employee seeking promotion will sue you for discrimination in the hiring or promotion process. And that lawsuit may lack any kind of merit. These days, desperate applicants may feel they have nothing to lose by suing. That’s why you should plan ahead.

Beware: PDA protection doesn’t end with birth

09/07/2011

Pregnant women have special protection from discrimination under the Pregnancy Discrimination Act. But many employers don’t realize that PDA protections continue for a period of time after the pregnancy ends. Essentially, anytime you terminate an employee who has recently been pregnant, you risk a PDA lawsuit.