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Discrimination / Harassment

Disloyal executive? Claw back pay from ‘faithless servant’

09/24/2018
Employers faced with a high-level “disloyal” employee may be able to recover compensation and costs associated with litigating that employee’s disloyalty in court. Here are two recent examples of such “claw backs.”

After harassment, court takes bite out of Stellar Dental

09/24/2018
A New York state court has ordered Buffalo-based Stellar Dental Care to pay more than $200,000 after it failed to address severe sexual harassment by a dental assistant.

Before discharge, audit disciplinary practices to detect possible pattern of discrimination

09/24/2018
If you find an evaluation that’s as negative or worse than that of the employee you are about to terminate, and that person wasn’t fired, ask: Do the two employees belong to different protected classes?

When alleged harasser holds high rank, take extra care to thoroughly investigate

09/24/2018
If a worker comes to HR with a complaint that someone has sent him sexually oriented images, take that report seriously—especially if the alleged sender is a supervisor.

Not all shift change denials are retaliation

09/24/2018
Courts have long held that, after an employee files a discrimination complaint, it may be retaliation to change her shift to punish her. But what if the complaining employee requests a shift change and the employer denies that change?

Turning a deaf ear to insults: A $500,000 mistake

09/20/2018
Your managers probably know it’s unlawful to discriminate in hiring and firing based on a person’s age or disability. But they may not realize that same law makes it unlawful to verbally harass workers based on those protected characteristics.

Hotel panic buttons are sign of #MeToo’s clout

09/20/2018
Other than a flurry of anti-harassment training, concrete action to prevent workplace harassment since the #MeToo movement took off has been notably absent—until now.

First employee walk-outs related to #MeToo movement

09/20/2018
On Sept. 18, female employees at McDonald’s franchises in nearly a dozen cities staged a one-day walkout to pressure the company to get tough on managers who sexually harass workers in the restaurants.

EEOC lawsuit? Be sure to track when employee filed

09/13/2018
Generally, an employee has 90 days after receiving an EEOC right-to-sue letter to file a federal discrimination lawsuit. But counting out just 90 days may not be good enough.

Can’t accommodate religion? Prove hardship

09/13/2018
Once the employee shows her need for religious accommodation, the burden shifts to the employer to show that it is unable to accommodate the religious need without undue hardship.