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Discrimination / Harassment

LGBT issues to be argued before Supreme Court this fall

04/25/2019
The U.S. Supreme Court has agreed to hear three cases that could decide if Title VII of the Civil Rights Act protects lesbian, gay, bisexual and transgender employees from discrimination.

What to do now about old #MeToo allegations

04/25/2019
What began with a few female Microsoft employees sharing horror stories among themselves via email has morphed into hundreds of harassment complaints old and new that HR could not ignore. If a similar reckoning comes to your organization, follow this roadmap to address harassment once and for all.

Be alert for rumors that can lead to sexual harassment liability

04/24/2019
Parker v. Reema Consulting Services, Inc. deserves a place on a PowerPoint slide to remind the entire workplace that there is no place for false and mean-spirited rumors in the employer’s place of business, and that the spreading of such rumors can potentially have severe consequences.

IBM apologizes for slurs on recruiting website

04/24/2019
IBM offered no explanation of how the terms came to appear on the website.

Cupid’s arrow misses—and so does harassment suit

04/24/2019
Sometimes, a failed workplace romance doesn’t result in a demoralizing and costly courtroom loss!

Fired worker right after she complained about sexual harassment? Prepare for a lawsuit

04/24/2019
If you discharge an employee shortly after she files a sexual harassment complaint, chances are she will sue and allege retaliation. Even if she is off work for a few months, you may end up owing her more than lost wages if she also suffered emotionally.

Claim of hostile work environment based on disability may add up to ADA lawsuit

04/24/2019
The 2nd Circuit Court of Appeals has ruled for the first time that the ADA allows disabled workers to sue separately if they experience a hostile work environment based on their disability. That’s true even if the disabled worker doesn’t have a failure-to-accommodate or a disability discrimination claim.

It’s not bias: OK to deny shift-change request

04/24/2019
Under some circumstances, courts have ruled that changing someone’s usual shift can be an adverse employment action or retaliation for engaging in protected activity. But what if the employee was hired to work a specific shift and then re­­quests a transfer to another?

EEOC tactic: Force law-breaking employers to create an HR department

04/18/2019
While many smaller organizations slide by without having a dedicated HR director or HR department, a new court ruling will gives those HR-less companies something to think about.

How to trigger discrimination lawsuit: Strip job duties, create miserable conditions

04/16/2019
A lawsuit may be justified when an employer strips someone’s job duties and relegates them to performing menial tasks in worse conditions than others have to endure.