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Discrimination / Harassment

Document time of performance problems in case employee registers bogus complaints

11/06/2018
Employees who face discipline sometimes fight back with their own discrimination complaints. Terminating such an employee shortly afterward can look suspiciously like the complaint precipitated the discipline. The best way to prevent that impression is to carefully document the reasons for the disciplinary meeting in the first place.

Bottom-up hiring could perpetuate pay bias

11/06/2018
There’s a danger that wages may appear to be discriminatory if the hiring process is centralized, but decisions about starting pay are made locally, without regard to broader corporate compensation scales. The risk: Class-action lawsuits.

Snapshot: Is it sometimes hard to tell what is sexual harassment?

11/06/2018
A year after #MeToo took off, gender and political leanings affect definitions of harassment.

EEOC backs bystander harassment reporting

11/01/2018
The EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a landmark report outlining best practices for employers to follow. Among the most important: Encouraging bystanders to report sexual harassment they witness and rewarding them for doing so.

State amends pay equity law, clarifies salary history issues

10/31/2018
California’s pay equity law has been amended to clarify certain ambiguities regarding proper interview questions, disclosure of pay scales and the application of the law to existing employees.

Expect courts to give leeway to pro se litigants

10/31/2018
Just because an employee doesn’t have an attorney, don’t expect his discrimination case to be quickly dismissed. In fact, many federal judges will try hard to help such pro se litigants.

When slur was an isolated incident, discipline, warn not to repeat—and move on

10/31/2018
Sometimes people—including supervisors—say or do stupid and offensive things. But an employer doesn’t always have to terminate the offending employee.

Discrimination lawsuit defense: Show boss didn’t know of protected status

10/31/2018
One defense to discrimination claims is that the alleged discriminator didn’t know what protected class the employee hails from, and therefore couldn’t discriminate based on that characteristic.

DOJ says transgender bias is lawful

10/30/2018
Title VII of the Civil Rights Act does not protect transgender employees from discrimination, according to a friend-of-the-court brief filed by the U.S. Department of Justice in an upcoming U.S. Supreme Court case.

Cargill settles suit brought by Muslim meatpackers

10/29/2018
The EEOC and Cargill, the meatpacking giant headquartered in Minnetonka, Minnesota, have settled a long-running lawsuit over the company’s denial of prayer breaks for Muslim employees.