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Discrimination / Harassment

Employee represents herself? Prepare for long legal slog

02/03/2020
Sometimes, litigious employees decide to act as their own attorneys. Don’t assume this will make it easy for you to win in court. If anything, when a past or current employee decides to represent herself, the case may end up taking longer and costing more.

Encourage staff who witness harassment to report it

02/03/2020
Since the #MeToo movement became influential in 2017, the EEOC has focused on encouraging so-called bystander reporting of workplace sexual harassment. But a recent case highlights what happens when a bystander takes reporting harassment seriously and finds himself fired.

Judges know work can be unpleasant—and they’re willing to cut you some slack

02/03/2020
Not every complaint of unfair or unpleasant treatment at work justifies a lawsuit. Rest assured that judges are often willing to defer to employer decisions unless there’s solid proof of biased behavior.

‘Bye, Felicia’ comment not discriminatory

02/03/2020
Unless disrespect crosses the line into racial, sexual, religious or other harassment based on a protected characteristic, misbehavior won’t support a lawsuit.

Employees have more time to file FEHA bias charges

02/03/2020
Employees who want to file discrimination, harassment or retaliation charges against their employers under the California Fair Employment and Housing Act now have more time to do so.

#MeToo 2.0: High-profile cases continue

01/30/2020
Employee activism in the light of perceived mishandling of internal harassment complaints has prompted another round of high-profile firings. Here are some recent examples.

2019 EEOC charges continue steep decline since 2016

01/30/2020
EEOC charges fell to 72,675 in Fiscal Year 2019, according to just-released statistics. That marks the third straight year of declining EEOC charges, with a 20% reduction since FY2016.

Legal update: New bias protection, fluctuating workweek OT

01/28/2020
Two new labor and employment law developments require employers to review their policies. The first adds a new form of prohibited discrimination to the already long list of employer rules. The second clarifies how to handle fluctuating workweeks under the FLSA.

Little slights can add up to hostile environment

01/28/2020
Generally, one or two offensive comments aren’t enough to create a hostile work environment or prove discrimination. But when little jabs occur frequently, they may create a convincing “mosaic” of intentional discrimination.

EPA vs. Title VII: Court lowers standard needed to prove pay discrimination

01/28/2020
The 2nd Circuit Court of Appeals, which covers New York employers, has made it easier for workers to prove they were paid less because of sex discrimination.