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Discrimination / Harassment

Light duty for pregnant employees? Not if you don’t offer it to other disabled workers

03/06/2019
Pregnant employees are entitled to light-duty assignments if the employer allows other disabled employees to be assigned to temporary light-duty positions. But what if no such work is available?

Have a hotline? Take all complaints seriously

03/06/2019
Most employers have heard that setting up a hotline so employees can report discrimination will help them defend against lawsuits later. But that hotline can also bite the employer if it doesn’t take complaints seriously and try to fix reported problems.

Denied lateral transfer isn’t adverse action

03/06/2019
Generally, a worker cannot win a discrimination lawsuit without showing he experienced an adverse employment action such as discharge or demotion. A denied lateral transfer may not count.

DOL alleges contractor dropped dime on injured employee

03/05/2019
The U.S. Department of Labor is suing a Boston construction company, alleging its CEO retaliated against an injured employee by facilitating his arrest.

EPA case DOA in Supreme Court, tossed back to 9th Circuit

03/05/2019
The U.S. Supreme Court on Feb. 25 vacated a 9th Circuit Court of Appeals ruling in a 2018 Equal Pay Act case for a novel reason: The judge who wrote the majority opinion and cast one of the majority votes died before the opinion was released.

Bill would make it easier to sue for age discrimination

02/26/2019
A bipartisan coalition of representatives and senators have introduced legislation to strengthen employment protections for older workers.

NYC is first to ban bias on the basis of hairstyles

02/26/2019
The New York City Commission on Human Rights has issued guidance making clear that the city considers discrimination on the basis of someone’s hairstyle to be a subset of race discrimination.

Boston pay case may signal new lawsuit risk

02/26/2019
If we’ve learned anything from the #MeToo movement, it’s that awareness of workplace injustice can spark a flood of lawsuits. Now a high-profile case may mean more suits filed by employees and attorneys eager to litigate equal-pay cases.

Calif. State Senate pays ex-staffer $350,000 after sexual assault

02/22/2019
A former California State Senate staffer who alleged she was sexually assaulted by another Senate employee after a night out in Sacramento has accepted $350,000 to settle charges she was fired in retaliation for reporting the incident.

Document the factors you weigh for promotions

02/22/2019
Keep careful records of the factors you consider when making promotion decisions. That’s especially true if you don’t give much weight to objective factors such as past performance reviews.