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Discrimination / Harassment

9th Circuit docket: Coddling criminal harasser may backfire

11/01/2017
A jury will get to determine if an employer’s perceived preferential treatment of an alleged rapist created a hostile work environment for the female employee who reported the rape.

San Jose Chipotle sued for female-on-male sex harassment

11/01/2017
If the facts alleged in a recently filed EEOC lawsuit turn out to be true, food wasn’t the only spicy item on offer at a Chipotle restaurant in San Jose.

L.A. nightclub accused of pregnancy discrimination

11/01/2017
L.A. Lousianne, a Los Angeles jazz club, is headed to court after the EEOC filed a lawsuit alleging violations of the Pregnancy Discrimination Act.

Public policy claim gives new life to bias suit

11/01/2017
Under California state law, an em­­ployee can allege a public policy wrongful discharge claim against her employer for some form of discrimination even if she can’t pursue a direct discrimination claim.

‘Manspreading’: Obnoxious, but not necessarily harassment

11/01/2017
While some behavior may make others uncomfortable, that doesn’t automatically mean the offended worker has a sexual or other harassment case.

Receiving a poor performance review: Not necessarily harassment

11/01/2017
Here’s some good news for HR professionals and supervisors trying to manage the workforce: You don’t have to worry that ordinary functions like putting together performance reviews and making hiring and firing decisions will somehow be misconstrued as harassment.

40% of LGBT employees report workplace bullying

10/31/2017
Forty percent of lesbian, gay, bisexual and transgender workers report feeling bullied at work, 11 percentage points higher than the national average for workers in general.

Snapshot: Sexual harassment costs tens of millions per year

10/24/2017
Since fiscal year 2010, the EEOC has collected an average of $42.2 million per year on behalf of sexual harassment victims.

Worker must object to harassment before suing

10/24/2017
When harassment isn’t obvious in the workplace, the worker who later claims to have been harassed has an obligation to at least complain and tell the aggressor his behavior is unwelcome. Make sure you warn supervisors to guard against such attitudes.

3rd Circuit rules reduction in work hours following complaint may be retaliation

10/20/2017
It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.