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Discrimination / Harassment

Equal Pay Act: Better explain any unequal pay

12/04/2018
Watch out when offering a new hire more money than someone currently holding the same job. If the incumbent is of the opposite sex, you had better have solid documentation explaining exactly why the newcomer deserved more money.

Yes, minorities are capable of discrimination

12/04/2018
Discrimination isn’t always about a majority group disfavoring a member of a minority group. Sometimes, that scenario is reversed. And other times, one minority member may favor members of her own minority over another minority.

Cuellar’s aide claims she was fired for being pregnant

12/04/2018
A former aide to Texas Rep. Henry Cuellar claims the congressman violated the Pregnancy Discrimination Act when he terminated her during the third trimester of her pregnancy.

You must stop harassment by customers, too

11/29/2018
The EEOC doesn’t hesitate to file lawsuits when it discovers employers haven’t intervened to stop customer harassment or done enough to prevent it in the first place. It consistently wins those suits, too.

LGBT employee rights in transition as courts weigh in on bias

11/28/2018
Ensuring anti-discrimination protection under Title VII of the Civil Rights Act of 1964 for lesbian, bisexual, gay and transgender employees remains a strategic priority for the EEOC.

Court loses patience with pro-se litigants’ appeal

11/28/2018
When workers try to sue their employers and can’t find an attorney, courts will look at their financial status and sometimes conclude that they shouldn’t have to pay filing fees and other court costs. This can mean that a seemingly frivolous case goes on for a long time.

Target missed connection with deaf applicant

11/28/2018
The EEOC has sued the Target retail chain for failing to accommodate a qualified deaf applicant.

Diversity initiatives: Make sure your good intentions are lawful

11/28/2018
While the Supreme Court has never overturned an employer’s voluntary affirmative action policy, lower courts have struck down such policies when they have strayed beyond Title VII and trammeled upon the rights of male and nonminority employees.

Union has no independent duty to investigate harassment

11/28/2018
A worker who sued both her employer and her union over alleged sexual harassment doesn’t have a separate action against the union over allegations it didn’t independently investigate her claim.

Religion: Extended leave may be undue hardship

11/28/2018
Employers must reasonably accommodate employees’ religious practices, as long as it does not cause an undue hardship.