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Employment Law

Be alert for persistent racist threat: nooses

06/18/2020
The EEOC and plaintiff’s lawyers routinely sue employers that ignore racially hostile work environments. Those suits are almost impossible to beat if harassment takes the form of racist epithets and symbols such as nooses.

EEOC guidance covers how covid affects ADA, other laws

06/18/2020
The EEOC has posted an updated and expanded technical assistance publication addressing questions arising under the federal equal employment opportunity laws related to the coronavirus pandemic.

Beware misclassifying covid-19 teleworkers

06/18/2020
The mass, covid-inspired migration from office work to telework has been surprisingly seamless for many employees and employers. But in some cases, the move has triggered wage-and-hour compliance problems that few would have anticipated.

Poll: Racism at work a problem—elsewhere

06/16/2020
How has your organization responded to the nationwide racial justice protests that exploded last month after the death of George Floyd? Here’s a snapshot, along with employees’ view of racism in the American workplace, based on a survey of 750 workers by marketing rating firm Clutch.

Employees can’t be fired because they are gay

06/16/2020
The U.S. Supreme Court ruled June 15 that discrimination based on an employee’s status as a gay or transgender person is prohibited by the sex discrimination provisions of Title VII of the Civil Rights Act.

Technicalities not the best bet to win FLSA lawsuits

06/14/2020
Employers can try to cite technicalities to get out of wage-and-hour liability, but they may run into trouble when they go up against real nit-picking experts: the federal government.

You, not employee, choose accommodation

06/11/2020
Some disabled employees couch their ideas about the accommodations they want as demands, not suggestions. That’s when it pays to remember: The employer, not the employee, gets to choose the reasonable accommodation.

Most think workplace racism is a problem—elsewhere

06/11/2020
Three-quarters of American workers (76%) think racism and discrimination is an issue at workplaces in the U.S., but only 44% think it’s an issue at their own workplace, according to a new survey by Clutch, a service that matches B2B suppliers and clients.

Texas firm pays to settle discrimination charges

06/04/2020
A Texas company has paid a seven-figure sum to settle an EEOC lawsuit that accused managers of “pervasive use of racial slurs” and “circulating racist social media posts.”

Always review supervisors’ firing recommendations

06/04/2020
HR should insist on reviewing every discharge decision before it is carried out. Thoroughly analyze past discipline to ensure consistency and fairness. It’s the best way to prevent a biased manager from triggering a losing lawsuit.