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Discrimination / Harassment

Get ready for more failure-to-promote suits

The coming months look like they will bring hard economic times, which probably means we will see an increase in employee lawsuits. One unique risk to watch out for: failure-to-promote litigation.

Beware basing starting pay on past salary

Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

Snapshot: Litigation generates just 10% of EEOC penalties

90% of the $386 million paid last year to private-sector victims of discrimination and harassment resulted from the EEOC’s settlement, conciliation and mediation efforts.

Have manager who hired also do the firing

Courts have long assumed that if the same manager hires an applicant and then fires that employee later, chances are he or she didn’t do so for discriminatory reasons. It simply doesn’t make sense—especially when the applicant’s protected status was obvious at the time she was hired.

Sugar Land, Texas manufacturer settles sex harassment suit

Element Plastics, a manufacturer based in Sugar Land, has settled charges it sexually harassed and retaliated against a female employee.

Never tolerate harassment on the basis of disability—especially by supervisors

Disabled applicants are not just entitled to reasonable accommodations for their disabilities. Employers also owe them a work environment free of disability-related harassment. You must warn supervisors against tolerating that kind of harassment—or worse, participating in it.

Warn supervisors: Never harass or retaliate against workers who take FMLA leave

Train your supervisors on all forms of harassment, including harassment against employees who exercise their FMLA rights. Making life difficult for those who have taken or may take protected FMLA leave can backfire badly.

Gay teacher, suspended for photo of fiancée, wins $100K

An Arlington, Texas art teacher who was suspended for eight months after she showed students a photo of her then-fiancée has accepted a $100,000 settlement offer from the Mansfield Independent School District.

1 in 5 candidates say an interviewer flirted with them

While it’s important to make candidates feel comfortable during interviews, it’s also important to know the line.

CROWN: After Oscars, hairstyle laws heat up

“Hair Love,” winner of the 2020 Academy Award in the Best Animated Short Film category, has shined a spotlight on legislation that affects employers’ grooming policies.