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Discrimination / Harassment

Plaintiff need not be ‘clearly superior’ to comparator to prevail in discrimination cases

12/02/2019
An employer has lost a bid to force workers to show they are “clearly superior” to another employee before challenging a termination decision. Workers need only compare their treatment to other, similarly situated workers when challenging firing, hiring or promotion decisions.

Never ignore supervisor harassment

12/02/2019
When employees complain that their supervisor is engaging in harassing behavior, don’t ignore the complaints. Instead, fully investigate and make sure any comments stop, fast. Then check back to verify the environment has indeed changed.

California becomes 3rd state to bar ‘no rehire’ clauses

12/02/2019
In September, Gov. Gavin Newsom signed AB749, legislation that prohibits employers from barring sexual harassment victims from being rehired by the employer.

Despite law, 70 California firms have no women on boards

12/02/2019
Last year, the state passed a law requiring companies headquartered in California to have at least one female director on their board. As a result, female representation in California boardrooms has risen 23%. However, not all California firms received the message.

EEOC claims $486 million for victims of workplace bias

12/02/2019
The EEOC secured $486 million for victims of discrimination in the workplace in fiscal year 2019, according to the commission’s annual financial report.

Background checks cost retailer $6 million

12/02/2019
You may think it’s good business to run criminal background checks on all applicants. It’s not. In fact, poorly run criminal background checks can be a multi-million dollar mistake.

Ensure disciplinary documents contain enough detail to justify harsh punishment

11/30/2019
Details are especially important when different employees break similar rules and you punish some more harshly than others. You need to be able to show why you fired one employee while another whose misconduct was identical was allowed to keep his job.

Hairstyles become latest flashpoint for grooming disputes

11/25/2019
Hair is becoming the new battleground over employer expectations and employee compliance. Increasingly, state and local authorities have stepped in, siding with employees who challenge grooming policies.

Pay bias settlement to cost Goldman Sachs almost $10M

11/25/2019
Investment banking colossus Goldman Sachs & Co. has agreed to a massive settlement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to resolve charges it discriminated against women and minorities in its pay practices.

Budget constraints may be legit reason for reassignments

11/25/2019
Courts generally grant great leeway when an employer cites budget cuts or other economic justifications for personnel moves. Employees challenging such decisions need to do more than say they believe discrimination played a part. They must have some evidence.