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Discrimination / Harassment

Court OKs double trouble in pay bias case

01/03/2018

A federal court hearing a case brought by the EEOC against a Texas county has allowed an alleged victim of discrimination to add additional charges in an Equal Pay Act case the EEOC is already litigating. As a practical matter, that means the employer will have to fight even more attorneys while defending its pay practices.

Title VII doesn’t cover sexual orientation

01/03/2018

A federal court has dismissed a lawsuit alleging a hostile work environment based on sexual orientation, despite the EEOC’s position that sexual orientation discrimination is sex discrimination under Title VII.

Snapshot: Sex discrimination comes in many forms

01/03/2018

A substantial percentage of working women say they have experienced gender-based bias in a variety of ways.

Court recognizes a new kind of claim: Retaliatory hostile environment

01/03/2018

Essentially, a retaliatory hostile environment claim looks at situations in which life was made generally difficult for an employee in small ways that in themselves would not affect a term or condition of employment.

Document reasons for worker’s new, unusual assignment

01/02/2018

Some workers may feel that being given a difficult assignment is discriminatory, especially if others outside the worker’s protected class don’t have to do similar work. Having a business-related reason for the assignment will persuade a judge that discrimination wasn’t a factor.

California Assembly pays to settle harassment complaint

01/02/2018

Former state Assemblyman Steve Fox has once again cost the California Assembly money to settle allegations against him. This time, Fox’s former legislative director is being paid $100,000 for sexual harassment and being required to perform work outside her legislative duties.

Employee’s suspicion can’t beat your solid evidence

01/02/2018

Smart employers always make employment decisions based on solid, business-related reasons. Then they document the decision-making process.

Act immediately to remove sexually offensive graffiti and material from the workplace

01/02/2018

Sexually offensive material appears all too often in some workplaces. When that happens, get rid of it! Immediately! That way, there is less chance that someone will later be able to successfully allege that the graffiti or scribblings created a hostile work environment.

Be ready to show you hired the best candidate

01/02/2018

Unsuccessful applicants often believe they didn’t get hired because of some form of discrimination. You had better be ready to show that the person you hired was clearly better qualified. If you can do that, chances are a discrimination lawsuit will be tossed out fast.

Employment law by the numbers: Know which laws count

12/20/2017

Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business.