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Discrimination / Harassment

$44 million to settle age-discrimination case

05/20/2021
The Federal Aviation Administration just settled a long-running age-discrimination case involving outsourcing and lost pensions. The suit, which began in 2005, is a cautionary tale about the high cost of discrimination and the drawn-out litigation that often ensues.

Pay equity group alleges tip credit perpetuates racism

05/06/2021
Many tipped workers wind up earning far more than the $7.25 minimum when tippers are generous. But some patrons are cheapskates (or worse) who may tip far less because they harbor racist views. That problem is the basis of a recent lawsuit.

Tamp down rumor-mongering about affairs

04/29/2021
Most sexual harassment lawsuits involve employees claiming a supervisor or co-worker tried to coerce them into having sex or created a hostile environment with sexual jokes, images or personal questions. But there’s another form of hostile-environment harassment that can trigger lawsuits: spreading rumors that someone was hired or promoted for having a sexual relationship with a decisionmaker.

Should you remove ‘he’ & ‘she’ from handbook?

04/22/2021
As more employers take steps to make nonbinary individuals feel more comfortable in the workplace, some organization are working to create gender-neutral employee policies and handbooks.

EEOC updates guidance on religious discrimination, accommodations

04/22/2021
For the first time since 2008, the EEOC has updated its guidance on enforcement of Title VII religious discrimination cases. The new guidance reflects conclusions drawn from recent EEOC litigation, as well as its current thinking on accommodating religious beliefs and practices.

Title VII covers nontraditional beliefs, too

04/22/2021
Title VII of the Civil Rights Act protects employees from discrimination based on their religious beliefs. That sounds simple enough. Almost all managers know they can’t fire someone because they’re Christian, Jewish, Muslim or any other mainstream religion. But Title VII also protects less well-known belief systems.

‘Hear no evil, see no evil’ is a manager’s worst possible anti-harassment strategy

04/15/2021
Make sure your supervisors know that they have a direct obligation—both legally and for company policy reasons—to pass along to HR any complaints of harassing or discriminatory behavior that they hear about from their employees.

White House infrastructure plan would bring changes for employers

04/15/2021
The Biden administration’s infrastructure proposal—tentatively titled the American Jobs Plan—was unveiled March 31 and is still in draft form. Taken together, the proposals written into the AJP could affect how employers run their workplaces for decades to come. Here are some of the expected highlights.

Religious accommodation bar still low, for now

04/15/2021
Since 1977, employees have unsuccessfully asked the Supreme Court to adopt a higher standard for religious accommodation. That plaintiff’s losing streak may not last long.

Ensure young supervisors understand risk of age bias

04/08/2021
When young managers supervise older subordinates, the age differential can set up generational conflicts that cause legal trouble for employers. Prevent potential age bias claims by making sure all supervisors understand their responsibilities under the Age Discrimination in Employment Act.