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Discrimination / Harassment

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.

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.

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.