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Discrimination / Harassment

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.

Sugar Land, Texas manufacturer settles sex harassment suit

03/02/2020
Element Plastics, a manufacturer based in Sugar Land, has settled charges it sexually harassed and retaliated against a female employee.

Never tolerate harassment on the basis of disability—especially by supervisors

03/02/2020
Disabled applicants are not just entitled to reasonable accommodations for their disabilities. Employers also owe them a work environment free of disability-related harassment. You must warn supervisors against tolerating that kind of harassment—or worse, participating in it.

Warn supervisors: Never harass or retaliate against workers who take FMLA leave

03/02/2020
Train your supervisors on all forms of harassment, including harassment against employees who exercise their FMLA rights. Making life difficult for those who have taken or may take protected FMLA leave can backfire badly.