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Discrimination / Harassment

Telecommuting OK for some? Allow for pregnant staff, too

02/18/2020
If working from home is an option for some of your employees, be sure to consider it a possible reasonable accommodation for pregnant women who have temporary restrictions.

Employee must actually ask employer for religious accommodations

02/18/2020
An employer’s obligation to discuss reasonable religious accommodations isn’t triggered by a general complaint about scheduling. The employee must make a specific request for the religious accommodation so the employer can evaluate it.

Angry outbursts are inappropriate, but don’t always create hostile environment

02/18/2020
Sometimes, supervisors lose their cool with a difficult subordinate. Fortunately, a few isolated incidents aren’t enough to create a hostile work environment.

Terrible job interview? Note that for the record

02/18/2020
Tell members of hiring committees that it’s important to make note of a candidate who interviews poorly. That’s especially true if the candidate isn’t selected and the interview was an important reason why.

Restaurateur forks over $240K of own money for harassment

02/18/2020
The principal owner of West Village hot spot The Spotted Pig has agreed to pay 11 former employees $240,000—and a share of his profits over the next 10 years—to settle sexual harassment charges.

Ugly behavior not necessarily harassment

02/13/2020
When unpleasant behavior comes to light, it’s important to step back and calmly analyze the facts. If the alleged acts aren’t pervasive or severe, it’s probably not actionable sexual harassment.

‘OK, boomer’: Supreme Court tackles age bias

02/11/2020
At issue: Whether a federal government employee’s bias claim can prevail if she proves that age discrimination played any role at all in an adverse employment decision.

Demonstrate good faith by keeping thorough notes detailing your investigations

02/10/2020
Judges don’t want to second-guess employer decisions. But they do want to see that employers act in good faith when they terminate workers. That makes it essential to document every investigation that might lead to a firing.

When documenting discipline, note all details

02/10/2020
When an employee files a lawsuit alleging discriminatory discipline, she will point to other employees outside her protected class who were treated more leniently. It’s critical for employers to document the details that distinguish one case from another.

Settlement with EEOC puts Compass Group on right path

02/07/2020
Compass Group USA, a food service company that operates a dining facility at the University of Texas’ Medical Branch in Galveston, has settled an EEOC sex discrimination lawsuit for $10,000.