Discrimination / Harassment

#MeTooLate? Policy change won’t always stop lawsuits

04/23/2020

When the #MeToo movement exposed pervasive sexual harassment in corporate America, the board of directors at McDonald’s implemented anti-harassment policies that went far beyond what the law requires. Too bad that wasn’t enough to prevent what could prove to be a massive harassment lawsuit.

Don’t let assistive technology affect hiring

04/23/2020

Warn hiring managers not to disregard an applicant because assistive technologies indicate he or she might be disabled. Those systems provide evidence of bias that can be used against you in court.

Federal employees get extra age-bias help

04/16/2020

In a surprising 8-1 decision, the U.S. Supreme Court has ruled that a federal law, in Justice Samuel Alito’s words, “demands that personnel actions be untainted by any consideration of age.”

Heat still on for employers tolerating racial harassment

04/09/2020

Three cases filed against two employers show that, despite the COVID-19 pandemic, the EEOC is not slowing down in its efforts to punish employers that don’t take their anti-harassment responsibilities seriously.

EEOC sues over insurance-driven age bias

04/09/2020

For the second time this year, the EEOC has sued an employer for refusing to consider older candidates for specific jobs. In both cases, the employer decided not to hire or retain someone because their auto insurance policies would not cover workers 75 or older.

Supreme Court limits discrimination lawsuits

04/02/2020

In a unanimous decision, the U.S. Supreme Court on March 23 ruled that contractors alleging race discrimination must show that bias was the only reason an entity refused to enter into a contract.

Get ready for more failure-to-promote suits

03/19/2020

The coming months look like they will bring hard economic times, which probably means we will see an increase in employee lawsuits. One unique risk to watch out for: failure-to-promote litigation.

Beware basing starting pay on past salary

03/12/2020

Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

Snapshot: Litigation generates just 10% of EEOC penalties

03/10/2020

90% of the $386 million paid last year to private-sector victims of discrimination and harassment resulted from the EEOC’s settlement, conciliation and mediation efforts.

Have manager who hired also do the firing

03/05/2020

Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.