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Discrimination / Harassment

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.

Track every harassment complaint, document your efforts to address the problem

11/28/2018
Employers that create a complaint system for reporting harassment and follow through on those complaints with appropriate action earn a defense to most harassment claims.

Sued for bias? Prepare to turn over discipline records

11/21/2018
When an employee alleges that discrimination caused him to be punished more severely than other workers outside his protected class, his lawyer will probably demand disciplinary records relating to other workers. Be prepared to hand over those records.

EEOC touts #MeToo year of accomplishments

11/20/2018
The EEOC began fiscal year 2018 last fall, just as the #MeToo movement began calling out workplace sexual harassment. It marked the start of a productive year for the commission.

Facebook, Google end harassment-arbitration rules

11/19/2018
Under pressure from employees, a pair of tech giants—Facebook and Google—revised their policies last month to make private arbitration a choice (rather than a requirement) in employee sexual harassment claims.