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Discrimination / Harassment

‘Firing manager’ should be same one who did the hiring

10/01/2006

When you need to terminate an employee, it makes sense for the same manager who hired the employee to also pull the trigger on the firing. That bit of legal strategy—the so-called "same actor defense"—could help you defend a discrimination lawsuit down the road …

Don’t bait worker into insubordination; It’ll smell like bias

10/01/2006

Insubordination is a perfectly logical and legal reason to fire an employee. But juries will be suspicious if it looks like one of your supervisors "set up" the employee to give you a reason to terminate …

Noncitizens can’t sue for overseas discrimination

10/01/2006

In most cases, an employee who works for an American company can sue that company even when he or she works overseas. But you should be aware of important limitations, including those that cover noncitizen employees …

No federal gay-Bias law, but take note of state, Local rules

10/01/2006

While Title VII makes it illegal to discriminate on the basis of race, gender, religion, age or disability, no federal law explicitly says that you can’t fire someone just because the person is gay …

During lawsuit proceedings, Don’t inquire about employees’ immigration status

10/01/2006

If you’re facing an employment lawsuit, don’t bother probing into the employee’s immigration status during the lawsuit’s discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports that stance …

It’s hasta la vista for full immigration reform this year, But don’t ignore the issue

10/01/2006

It looks like comprehensive federal immigration reform will have to wait. Immigration rallies in the spring and summer rattled lawmakers to attention, as both the House and the Senate passed separate bills aimed at addressing border control and illegal employment …

Breast-feeding: The next employment right? Some in Congress want the feds to follow states

10/01/2006

If Rep. Carolyn Maloney (D-N.Y.) has her way, employers would have to comply with yet another federal employment entitlement: the right to breast-feed or express milk for infant feeding. Her bill would make it illegal to discriminate against breast-feeding moms and would give tax incentives for companies to establish sanitary places for employees to breast-feed …

Supreme Court preview: More pay-Bias lawsuits coming?

10/01/2006

When the U.S. Supreme Court opens its new term on Oct. 2, look for a clear theme to the employment-related cases it has chosen to address: the Civil Rights Act of 1964 …

Favoring older applicants: Is it discrimination?

10/01/2006

The EEOC has provided more legal cover for employers that actively recruit older applicants and offer better perks to their older employees. New proposed EEOC regulations, which reflect a 2004 Supreme Court decision, say you won’t violate federal age-discrimination law if you favor older employees over younger ones …

Workers face high hurdle proving ‘Constructive discharge’

09/01/2006

Sometimes, employees who believe they’re being harassed or discriminated against feel the situation is so bad that they’re forced to quit. This is called "constructive discharge" …