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Discrimination / Harassment

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.

Ensure policy spells out exactly how employees should report allegations of sexual harassment

11/07/2019
You will probably survive a harassment lawsuit if you trained all employees how to use the policy and followed up with discipline whenever an investigation uncovered harassment.

Employee acts as attorney? Prepare for a long haul

11/07/2019
Plenty of employees who want to sue their employers can’t find an attorney willing to represent them. Then they decide to act as their own lawyers. Courts dread these cases, but they often grant great leeway to pro se plaintiffs, who usually aren’t familiar with even basic legal processes.

Jury’s $20 million message on anti-gay bias

11/07/2019
A Missouri jury has just delivered an unmistakable lesson to organizational leaders everywhere: Open displays of homophobic bigotry aren’t just wrong; they have real-world consequences.

Harassment victim told to put on your ‘big girl panties’

11/01/2019
When an employee at a Walmart store in Rochester complained about sexual harassment, her managers took an unusual approach.

California sexual harassment prevention training deadline extended

10/31/2019
Employers now have until Jan. 1, 2021, to comply with the sexual harassment training requirements.

Reverse discrimination carries a hefty price tag, too

10/31/2019
Employers can’t prefer one protected class of worker over another in hiring, even if the preferred class has historically been discriminated against. Such so-called reverse discrimination cases can net big penalties for employers.

Train supervisors: They must be prepared to accommodate religious attire

10/31/2019
It’s crucial for supervisors to understand that employees have the right wear religious attire at work. Making comments about that attire or refusing to modify dress codes may trigger a religious discrimination lawsuit.