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Discrimination / Harassment

Are we allowed to tell women they can’t wear pants at work?

03/22/2018
Q. I am an HR director for a traditional, conservative company and have run into a new issue. When onboarding employees, I always explain our preferred dress code: we prefer women to wear skirts and dresses with pantyhose to work because many of our senior partners are old-fashioned. A new female employee said she would prefer to wear pants. Can we require her to wear a skirt instead?

Your failure to investigate can be evidence of discriminatory intent

03/22/2018
Deciding not to investigate can backfire badly. Not only could your organization miss an opportunity to right a wrong, but the decision not to investigate may itself be evidence of bias.

Growth displaces legacy staff? Expect lawsuit

03/22/2018
When an organization transitions from a start-up to something bigger, company needs are bound to change. A stellar performer may be left behind. That could trigger a discrimination lawsuit, although it’s likely to fail.

EEOC sues over ‘man’s world’ comment

03/22/2018
The EEOC has filed a lawsuit against a kitchen management company over allegations that a manager ignored HR directives and complaints from a female chef who tried to apply for an open position only to be told that professional kitchens were “a man’s world” where women are not welcome.

Keep complete records of complaints to counter last-minute legal claims

03/20/2018

Here’s some good news from the 8th Circuit Court of Appeals: The court, which covers Minnesota employers, turned down a petition to allow an employee to introduce a new discrimination claim that he failed to clearly outline in his original lawsuit.

Post internal openings, ensure staff know how to apply for promotions

03/20/2018
Smart employers make it easy for employees to apply for promotions and make their promotion policies clear. They don’t rely on word-of-mouth or a buddy system to hand out promotions to favorites.

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.

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.