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Discrimination / Harassment

Title VII doesn’t cover retaliation for OSHA complaints

01/05/2009

The 5th Circuit Court of Appeals has rejected an invitation to expand the number of cases that fall under Title VII’s retaliation provision. It recently ruled that someone who reports an OSHA violation couldn’t charge that he or she was retaliated against by filing a Title VII retaliation lawsuit.

Settlement leaves weight loss firm $20 million lighter

01/05/2009

LA Weight Loss, which was renamed Pure Weight Loss in 2007, has settled a lawsuit filed against it by the EEOC. The agency had alleged a nationwide pattern and practice of sex discrimination at locations across the country …

Can I fire an employee whose financial woes have me worried about our own finances?

01/05/2009

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Seek civility, don’t sweat oversensitivity

12/31/2008

Whether a work environment is actually sexually hostile depends on whether that’s how an average person would perceive it. A supersensitive person won’t get to sue for sexual harassment if an ordinary person would brush off the alleged harassment.

Complainer can use co-workers’ anecdotes in building hostile environment case

12/31/2008

The 4th Circuit just made it easier for employees to sue for having to work in a hostile environment. The court said that unpleasant and offensive conduct aimed as one’s sex or race does not have to happen in the presence of the employee who winds up complaining. Conduct witnessed by other employees can be used as evidence …

Boss put foot in mouth? Consider settling—and protecting against future suits

12/31/2008

Surprise! Supervisors sometimes say dumb things. It may be entirely innocent—they simply don’t realize the impact their words may have. If that’s the case, and someone complains, it may be best to settle the case and move on.

Tenure denial and discharge don’t give right to sue over ruined reputation

12/31/2008

Probationary university professors whose contracts aren’t renewed because they failed to achieve tenure status can’t use tenure denial alone as the basis of a suit alleging damage to their reputations. They must show that the decision was actually motivated by something like race or sex discrimination.

High bar for retaliation case when someone else is victim

12/31/2008

Sometimes, employees don’t have enough information to judge whether something they observe at work is discrimination—or a legitimate management action.

Follow up on complaints to ensure mistreatment stops along with harassment

12/24/2008

California’s Fair Employment and Housing Act protects employees from sexual harassment by co-workers. But what happens if management stops the harassment but the co-workers find other ways to make life miserable for their victims? It’s HR’s responsibility to make sure a victim of sexual harassment isn’t targeted for other mistreatment …

Morgan Stanley will pay $16M to settle race bias suit

12/24/2008

A federal judge has given final approval to the settlement of a race discrimination lawsuit brought by financial advisors against Morgan Stanley & Co. Inc. The settlement establishes a $16 million fund, of which $14 million will be divided among class members who submitted claims.