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Discrimination / Harassment

Training on implicit bias has pluses—and pitfalls to avoid

05/09/2018
Bias plays a part in all discrimination, ranging from race relations to gender and disability stereotypes. Training on implicit or unconscious bias training—if poorly implemented—may backfire, leaving the workplace more divided than it was before.

State of New York has new rules to curb harassment

05/09/2018
The unveiling of New York’s 2019 budget made it clear that the state has maintained its focus on curbing sexual harassment in the workplace. The measures affect both private and public employers. Here are some of the highlights.

To sue for failure to promote, employee must have actually applied for promotion

05/09/2018
When an employee sues his employer, alleging he was denied a promotion because of some form of discrimination, he must at least show that he applied for the promotion. Merely telling his supervisors that he’s interested in possible promotion opportunities isn’t enough when the employer has a formal application process in place.

In the clear on sexual harassment charges, but still on the hook for supervisor retaliation

05/09/2018
It’s true your organization may not be liable for co-worker harassment if the harassed employee knew how to report harassment but failed to use the system. However, there can still be consequences if a supervisor retaliates against an employee who complained or threatened to complain but didn’t actually report the harassment.

Keep some records from HR decision-makers

05/09/2018
Sometimes, it makes a lot of sense to build a virtual wall between HR staff who handle discrimination complaints and manage litigation and those who review applications and requests for promotion.

Prevent training misfires with follow-up

05/08/2018
Training isn’t enough. Without careful follow-up, your training efforts may backfire—badly! Consider what happened in early May at Albertsons, the national grocery store chain.

As early as possible, address every harassment complaint

05/07/2018
It’s essential to respond promptly to every harassment complaint.

State Supreme Court won’t say probable sexual harassment violated Texas law

05/07/2018
In the era of #MeToo and #TimesUp, the Texas Supreme Court just refused to broadly define sexual harassment in the workplace. Instead, the court found that generalized harassment at work—even if it’s morally reprehensible—doesn’t necessarily violate the Texas Commission on Human Rights Act.

Rule requiring employees to speak only English at work may be race discrimination

05/07/2018
Take note if you have rules against speaking languages other than English at work: That could constitute race discrimination under Section 1981 of the Civil Rights Act of 1866.

Employees win one of EEOC’s strangest lawsuits

05/03/2018
A federal jury in Brooklyn unanimously ruled in favor of employees at a New York insurance company who objected when they were forced to practice a religion conceived by the firm’s CEO.