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Discrimination / Harassment

Employment law on Supreme Court docket

03/28/2019
In the three months before the Supreme Court’s 2018-2019 session closes, it will decide several employment law cases and may rule on the biggest issue the court could face this year: Whether Title VII of the Civil Rights Act bars discrimination on the basis of sexual orientation.

Court won’t referee popularity contest: Being disliked isn’t grounds for lawsuit

03/26/2019
Some workers seem to believe that any slight or negative comment is grounds for a discrimination lawsuit. Fortunately, that’s not the case.

Beware unreasonably tight deadlines for filing internal reports of sexual harassment

03/26/2019
The EEOC believes overly strict time limits tend to discourage reporting and absolve supervisors of responsibility for reporting. Plus, it may embolden harassers to repeat their harassment or escalate it.

HR must respond to physically demeaning acts

03/26/2019
When an employee comes to HR to complain about physically demeaning behavior directed her way, pay close attention. Demeaning behavior accompanied by sexist or racist comments, for example, increases the risk that the employee will file—and win—a hostile work-environment case.

Respect the results of outside investigations into complaints

03/26/2019
Be prepared to honor the findings of outside investigators you hire to get to the bottom of internal complaints. Accept the results and act immediately to remedy the situation.

Document why discipline may have differed

03/20/2019
Before you discipline any employee, review how you handled similar situations in the past. If you decide to discipline more harshly in a new case, be sure to detail in your records exactly why.

Resist temptation to act on presumptions about pregnant employees’ abilities

03/15/2019
Some managers continue to hold outdated views on pregnancy and the capacity for a woman to work while awaiting the birth of her child. Being vocal about these views—and especially acting on them—is almost certain to provoke a lawsuit.

Lawsuit alert: Beware disciplining for infractions of seldom-enforced rules

03/15/2019
Sometimes, supervisors get frustrated with workers they consider trouble makers because they complain all the time. Those bosses need to think twice before they retaliate by strictly enforcing work rules—especially if they have often ignored those rules in the past.

Accommodate lactation needs of new mothers

03/15/2019
Employers that prohibit necessary lactation breaks or who retaliate against women for trying to take breaks may violate the sex discrimination provisions of Title VII.

Federal courts add another twist in the road to pay equity

03/13/2019
The U.S. Supreme Court just rejected an equal pay lawsuit for a most unusual reason. Even so, employers can learn valuable lessons from the case.