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Discrimination / Harassment

Make sure your harassment ‘cure’ doesn’t make the condition worse

07/04/2011

Employers have an obligation to stop illegal harassment as quickly as possible. But don’t jump right on the first apparent solution—it may not be the best way to go. If your proposed fix actually makes things worse for the victim—in terms of pay, perks or working conditions—you’ll raise your liability risks to the roof.

What’s in a name? Maybe discrimination

07/01/2011
Résumés with common names are more likely to receive callbacks than those with Russian and African-American names, according to a study in the Journal of Managerial Psychology. Evaluating candidates based on name could trigger claims of race bias or national-origin discrimination.

Court lets employer ask EEOC about credit checks

06/30/2011
In an unusual twist, a federal trial court considering an Ohio case has permitted an employer being sued by the EEOC to ask pointed questions about the EEOC’s own hiring practices.

Court: Lawsuit over anti-gay harassment won’t fly because Title VII doesn’t cover it

06/30/2011
An employee who claimed a hostile work environment after co-workers harassed him for being gay has lost his lawsuit because Title VII of the Civil Rights Act does not include anti-gay harassment as a legal cause of action.

Worker pregnant? At least say, ‘Congratulations!’

06/30/2011

Here’s a tip that can save needless hassle: Tell managers and super­visors they should greet every pregnancy announcement with a big smile and a hearty “Congratulations!” That’s because at least one federal court in Ohio has used a supervisor’s silence as possible circumstantial evi­dence that the pregnant employee was discharged because she was expecting.

Title company’s closing costs may include damages for age bias

06/30/2011
A 69-year-old woman who has worked for Central Title, a Tyler County title company, since 1992 is suing her former employer, claiming she was a victim of age discrimination.

Truck driver files race suit against Alice energy company

06/30/2011
A former employee of Texas Energy Service is suing the company under Title VII of the Civil Rights Act, alleging it fired him because he is black.

‘Pops’ sues for discrimination after firing

06/30/2011
An East Texas sales manager who claims he was fired while lower-performing, younger employees kept their jobs has filed an age discrimination suit against his former employer, Sagemcom Communications USA. He also accuses his boss of calling him “pops,” “old timer” and other derogatory names.

Think twice before setting ‘English-only’ rule; courts view complaints as protected activity

06/30/2011
Don’t try to prevent employees from speaking languages other than Eng­lish at work, especially when they’re chatting among themselves. Unless you have a good business reason for banning other languages, courts will likely see the practice as discriminatory.

Voodoo a religion? Texas HHS about to find out

06/30/2011
A former employee of the Texas Health and Human Services Com­mis­sion has accused the state agency of retaliation and discrimination on the basis of her religion—voodoo.