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Discrimination / Harassment

New trial denied in porn harassment case

07/21/2017
A former employee who previously lost a sexual harassment lawsuit against her employer has now lost a bid for a new trial.

Title VII protects men against sex bias, too

07/20/2017
When it comes to Title VII’s sex discrimination provisions, we usually think of the law protecting women against gender bias. In fact, men can and frequently do complain to the EEOC about so-called reverse sex discrimination.

U.S. Supreme Court concludes term light on employment law

07/19/2017
The U.S. Supreme Court term that ended in June was most defined by the addition of new Associate Justice Neil Gorsuch in April. The High Court had been operating short-handed since February 2016, when Justice Antonin Scalia died. Few of the cases decided affected employment law.

Out-of-state employers can be liable under NYHRL

07/19/2017
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.

Applebee’s franchisee sued in transgender harassment case

07/19/2017
The EEOC has filed suit against Apple Metro, the franchise holder of an Applebee’s restaurant in Hawthorne, New York, claiming it fired a transgender employee after she complained of co-worker harassment.

Discipline often stops co-worker harassment

07/19/2017
Employers don’t have to create a perfect workplace that’s completely free of harassment. They merely have to respond to reported harassment in a way that’s calculated to stop it fast.

Immediately get rid of offensive graffiti

07/19/2017
Employers can’t prevent every harassment incident. But they can provide a way for employees to complain about it and commit to taking swift action when they learn harassment has occurred. That’s typically sufficient if the harassment originates with co-workers and not supervisors.

Details matter when documenting discipline

07/19/2017
Smart employers make sure they document—in advance—the underlying reasons for any disciplinary actions. When preparing documentation, be sure to provide all the details, especially if two employees committed arguably similar offenses but were punished differently.

Farm settles case claiming bias against Americans

07/17/2017
Christner Farms in Dawson, in the southwest corner of Pennsylvania, has paid almost $22,000 to settle charges it filled positions with H-2A visa holders but refused to hire a qualified American citizen.

‘Mark of the Beast’ case settled for $600,000

07/17/2017
Consol Energy, headquartered in Pittsburgh, will pay a former employee $586,861 after the 4th Circuit affirmed a lower court’s ruling that he was forced to retire early when it refused to accommodate his religious beliefs.