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Employment Law

Sexual orientation bias and Title VII in flux

03/20/2018

Despite a changed EEOC position and several victories in other federal circuit courts of appeal, employees alleging sexual orientation discrimination in Minnesota workplaces cannot bring that claim under Title VII. Sexual orientation is not a protected classification under Title VII.

Train staff to respect transgender customers

03/20/2018

Do you train employees to treat all customers with respect, regardless of sexual orientation, transgender status and the like? If not, you may be unwittingly creating a hostile environment for some customers, which can mean a lawsuit.

Think twice before firing safety whistleblower

03/20/2018

Before you discipline or discharge anyone who has filed safety complaints, make sure you have rock-solid reasons for doing so. Otherwise, punishing a safety whistleblower may mean liability for retaliation and punitive damages.

Disabled workers rejoin job market

03/20/2018

About 10% of working age people who described themselves as disabled in 2016 found jobs in 2017.

DOL pilots PAID program for some FLSA violations

03/20/2018
Some employers will soon be able to avoid the hefty penalties and double damages that usually result when the government discovers violations of the Fair Labor Standards Act.

What employers can look for under EEOC’s strategic plan

03/14/2018

The EEOC enforces the nation’s employment discrimination laws. Its strategic plan, issued every five years, presents its overarching plan for carrying out its mission relative to issues emerging in the workplace and the resources available to the commission. The strategic plan gives employers an insight into the EEOC’s enforcement strategy.

Comment about pregnancy? Nope, just shut up!

03/14/2018

Remind supervisors to never mention pregnancy in conjunction with hiring or assignments.

When workers and supervisors clash, ask: Is it discrimination or personality conflict?

03/14/2018
Sometimes, a supervisor and subordinate just don’t get along. While the subordinate may think the reason has something to do with a protected characteristic, that may not be the case. When you receive such a complaint, you obviously must investigate.

Watch out! Employee can win punitive damages even if he suffered no loss

03/14/2018

An employee can collect punitive damages even if a jury finds that no other damages are due.

Tell trainers: You have an obligation to report harassment or discrimination you witness

03/14/2018

Employers that have actual knowledge that a hostile work environment exists can’t get off the hook by claiming a worker failed to use an established system for reporting harassment.