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Discrimination / Harassment

Retaliation claim can stick even if bias claim fails

07/19/2019
One of the worst mistakes an employer can make is to punish a worker for a baseless discrimination complaint. Retaliating may give that worker a winning lawsuit claim even if the original discrimination case had no chance.

Warn managers: Snide remarks, dismissive comments could trigger a lawsuit

07/19/2019
Sometimes, a manager who doesn’t like an employee will find a way to lash out while staying within the letter of anti-discrimination laws. Example: Refusing to address an employee by name, but instead using a dismissive term, can be a big mistake.

Court rejects request to add novel claim

07/19/2019
Good news at a time when employees are finding more ways to sue: A federal court has rejected a novel claim that could have spelled trouble for employers.

Timely documentation: Your best legal defense

07/18/2019
What’s the best thing employers can do to win more lawsuits? Document every workplace decision contemporaneously, at the time you make it.

Out with the old? In with a lawsuit

07/12/2019
The EEOC sued a Pennsylvania dental practice for age discrimination after it fired eight of its nine hygienists over age 40 and replaced them with 14 employees, 13 of whom were under age 40.

Poor review alone isn’t enough to win lawsuit

07/11/2019
Employees generally must show they suffered an adverse employment action before they can win a discrimination lawsuit. Merely receiving a poor evaluation, without other consequences, isn’t enough.

On World Cup bandwagon, NY enacts equal pay laws

07/11/2019
New York Gov. Andrew Cuomo chose an apt setting to sign legislation mandating equal pay for substantially equal work, regardless of an employee’s protected class.

Equal pay: Document how and why jobs differ

07/11/2019
The Equal Pay Act requires employers to pay members of each sex the same for performing work that is substantially the same. The only way for an employer to defend an EPA lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

Focus reviews on performance, not emotions

07/09/2019
When you evaluate an employee who isn’t living up to performance expectations, avoid commenting on her emotional state. Focus on objective criteria like unmet goals or sales quotas. Otherwise, you risk a lawsuit claiming discrimination on the basis of disability.

Summer brings new employment laws

07/03/2019
It’s summer and that means long breaks for state and local legislatures. Before going on vacation, however, many of those legislatures pushed through new laws that go into effect during the dog days of summer. Here are a few.