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Discrimination / Harassment

Follow up after discrimination complaint to ensure there’s no retaliation

08/07/2019
Don’t just assume you have fixed a discrimination and harassment problem that was uncovered when someone complained about a supervisor. Check back regularly with the employee who complained to make sure she isn’t experiencing retaliation.

Conduct self-audit to spot possible bias

08/07/2019
When you have only one member of a protected class on staff and she’s been rejected for several promotions or transfers, it may be time to audit your organization for possible discrimination. Don’t wait, or you could wind up facing a lawsuit.

Court: NY’s ban on mandatory arbitration of harassment claims violates federal law

08/07/2019
Last year, new legislation made it unlawful for employers to force employees to sign arbitration agreements covering for sexual harassment claims. Now a federal court considering such an agreement has concluded the law violates an existing federal law.

New York legislature expands employment discrimination law

08/07/2019
The New York State Assembly and Senate has passed legislation that makes sweeping changes to the New York Human Rights Law. This legislation will have a significant impact on the litigation of discrimination and harassment claims filed with the Division of Human Rights and in court.

What to do about repeated harassment claims that always turn out to be unfounded?

08/01/2019
Q. We have an employee who has complained multiple times that she’s been sexually harassed. Each time we investigate, no one will back up her stories. Can we tell her to stop complaining?

Quick action following harassment claim is essential

08/01/2019
When an alleged sexual harasser is a co-worker, employers must take immediate action to investigate. That investigation must be designed to stop any ongoing harassment and prevent future harassment. That means following up with the victim.

Note exact date you informed employees they would be losing their jobs

08/01/2019
Former employees generally have just 300 days to file an EEOC discrimination complaint, and the clock starts ticking on the last date discrimination occurred. But in the case of an announced termination, the crucial date is when the employee learned she was going to lose her job.

Older worker must sign severance agreement in order to claim OWBPA violation

08/01/2019
Under the Older Workers Benefit Protection Act, employers are required to follow certain rules before getting employees to promise not to sue in exchange for receiving a severance payment. But merely presenting a severance offer that technically doesn’t meet those standards isn’t a separate legal wrong, as a recent case shows.

Warn supervisors: No inappropriate questions for employees who are expecting

08/01/2019
Employers should be careful about intrusive inquiries about a pregnancy, especially those that come from supervisors.

Texas suit challenges EEOC background check rules

08/01/2019
The 5th Circuit Court of Appeals recently heard oral arguments in a case brought by the Texas Attorney General’s Office. The suit challenges 2012 EEOC guidelines on the use of criminal background checks in hiring.