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Discrimination / Harassment

EEOC national-origin bias suit cost $650,000 to settle

07/02/2019
Pape Material Handling, a Fresno company that sells, rents and services forklifts, has agreed to pay $650,000 to settle EEOC claims that it discriminated on the basis of national origin.

Prepare for possibility of a lawsuit by documenting every HR decision you make

07/02/2019
You can never know which unhappy employee is going to sue you, or for what reason. That’s why it’s so important to document every HR decision and action. The more details you can include in your records, the better off you will be if an employee decides to sue.

Court: Merely being transferred to a new location isn’t enough to support a lawsuit

07/02/2019
Employers have the right to manage their workplaces. That includes moving personnel where the employer needs coverage. Such a transfer, under similar conditions and with the same pay and benefits, isn’t an adverse employment action.

Nip harassing speech in the bud to protect against hostile work environment liability

07/02/2019
Not every sexual comment at work is enough to create a hostile environment. If, for example, the target of harassing speech complains and the employer steps up to stop further comments, there are no grounds for a lawsuit. Here’s how that played out in a recent case.

Employee complaint about intimidation is your call to action: Investigate immediately!

07/02/2019
Employers are making a mistake if they don’t immediately take action when a worker complains about intimidation and implied threats. While all complaints should be taken seriously, some require more immediate action and solutions.

Beware snarky anti-nationality comments

07/02/2019
When supervisors make snide comments about an employee’s ethnicity and then demote or otherwise change that employee’s working conditions, those comments may be considered evidence of bias.

EEOC: Restaurant owner harassed teen employees

07/02/2019
The EEOC is suing Tosca Americana Italian Kitchen, a restaurant in the Houston suburb of Atascocita, alleging one of its owners regularly harassed female employees, some of whom were underage.

Same broken rule, different discipline: Show why you punished one more harshly

06/28/2019
Courts like to see employers equally treat workers who break the same rules. That doesn’t mean employers have no wiggle room. The key is to document why one worker deserves a different punishment than another for breaking the same rule.

Warn young bosses against comments that trigger suits

06/27/2019
Sometimes, new supervisors don’t realize the long-term harm a few unwelcome comments can create. Take, for example, calling an older worker “pa” or “young feller.” That could be the germ of an age discrimination lawsuit.

Audit your potential for discrimination liability

06/27/2019
Some industries and workplaces are at higher than usual risk for discrimination and harassment claims. Any workplace that has a largely homogeneous workforce may create special risks for the few workers who are different.