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Discrimination / Harassment

Don’t delay: Act on termination decision ASAP

11/25/2019
When you have good reason to fire a worker, it makes little sense to put off acting on your decision. That’s especially true if it’s for poor performance. Otherwise, if the employee’s work improves in the interim and he has decided to complain about discrimination, your subsequent termination may look like retaliation.

Bullying complaint doesn’t trigger Title VII protection

11/21/2019
Employees who file internal discrimination complaints based on age, race, sex or other protected characteristics are protected from retaliation. But if the complaint is more general—such as that the supervisor is a bully—that’s not enough.

Beware holiday harassment at hotel party

11/21/2019
’Tis the season for holiday party planning, which means ’tis the season to prepare for potential harassment lawsuits. Remember, just because the party isn’t at work or during work hours, doesn’t mean you’re not liable for harassment.

‘OK, boomer!’ not OK at work

11/21/2019
Employment lawyers are warning that “OK, boomer!”—the viral meme-phrase that caught fire on social media earlier this month as a tool for millennials to dismiss baby boomers’ opinions—could be used as evidence in age-discrimination lawsuits by older workers.

$20 billion case could reset race bias bar

11/21/2019
A $20 billion lawsuit before the U.S. Supreme Court could dramatically change what contractors—and employees, potentially—have to prove in order to win a race discrimination case.

Internal harassment complaints: Avoid these 5 mistakes

11/19/2019
Receiving an internal harassment complaint is a critical moment for an employer. How you handle the complaint can affect workplace morale, the likelihood of a lawsuit or an administrative charge and the defenses available to you as an employer, among other things.

Which word doesn’t belong when disciplining a pregnant employee? That’s right: pregnant!

11/18/2019
A little bit of caution goes a long way toward limiting charges of pregnancy-bias discrimination.

Customer preference doesn’t excuse bias

11/14/2019
The customer is always right, right? Wrong! Employers aren’t allowed to bow to customer preferences if they are racist, sexist or otherwise would violate an employment discrimination or public accommodation law.

In #MeToo era, you need a contingency plan

11/14/2019
In the days after McDonald’s CEO Steve Easterbrook’s termination for having a consensual romantic relationship with a woman at work, details emerged showing that the fast food company had prepared in advance to handle relationships between C-suite executives and subordinates. Your organization needs a contingency plan, too.

Best defense: Consistent rules universally enforced

11/07/2019
When an applicant or employee launches a lawsuit, courts naturally end up scrutinizing your organization and its processes. The best defense: Have consistent rules that you universally apply to everyone.