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Discrimination / Harassment

EEOC, DOJ cooperate to stop public-sector harassment

01/31/2019
The EEOC and the U.S. Department of Justice have signed a memorandum of understanding that will allow faster federal intervention in sexual harassment complaints involving state and local government employees.

Prepare to explain unusual compensation formulas

01/29/2019
There may be many reasons why one employee is paid differently than another. Be prepared to explain such discrepancies.

Centralized pay & promotion guidance is fine, but leave individual decisions to managers

01/29/2019
You may still face isolated lawsuits alleging discriminatory pay practices by a specific supervisor. However, that’s preferable to a potential class-action lawsuit on behalf of thousands of similarly situated employees across the company.

Document belligerence during hiring process

01/29/2019
If you ever encounter an applicant so difficult that you suspect she might become a disruptive employee, document why you are concerned. If she later sues, you will be able to describe exactly what happened.

Telecommuting trouble lurks across state lines

01/24/2019
Do you allow employees to regularly work from home? Be careful if one of them lives in another state. You could be subject to that state’s jurisdiction and employment laws.

$22 mil for revoking religious accommodation

01/24/2019
In an expensive reminder of what not to do, a Florida jury has ordered a $22 million payday for a hotel employee whose request for religious accommodation was honored for six years, and then suddenly revoked.

Don’t let disability stop legitimate discipline

01/23/2019
It’s reasonable to worry that disciplining an employee who is disabled might trigger a lawsuit. Don’t let those kinds of concerns dissuade you from otherwise legitimate discipline. Courts general allow employers great leeway to punish employees who seem to genuinely deserve it.

Prepare to show you impose discipline equally

01/22/2019
Would you be able to persuade a judge that every employee you have recently disciplined was treated the same as every other employee you have previously punished for the same infraction? It’s essential.

A kiss to get your paycheck? Prepare to pay much more

01/17/2019
The owner of an Illinois pharmacy is facing a lawsuit that claims her employees “had to line up and kiss her on the mouth as a prerequisite to receive their paychecks.”

Real communication problem … or ethnic bias?

01/17/2019
It’s essential to guard against even the appearance of bias during every step of the hiring process.