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Discrimination / Harassment

Mandatory training isn’t act of discrimination

08/03/2017
It’s unusual, but sometimes workers claim that being forced to attend a training session was discrimination.

Got a good reason for firing? Then stick with it–or risk a lawsuit

08/03/2017
Generally speaking, the law does not tolerate inconsistency very well. That’s one reason it’s so important to be careful about how you explain someone’s termination. If your story changes, don’t be surprised if it winds up being used against you.

Judges know it just like we do: Sometimes work is annoying!

08/03/2017
Courts seldom give much weight to complaints about general disrespect, micromanaging supervisors or impossible workloads unless it is quite clear that those conditions are meant to punish protected activity or are reserved for members of a protected class while others aren’t targeted.

Panda Express reverification practices don’t bear scrutiny

08/02/2017
Fast-Chinese chain Panda Express has agreed to settle charges it discriminated against non-U.S. citizens in its work reverification process.

Harassment because of sexual stereotypes can form basis for Title VII lawsuit

08/02/2017
Several cases currently making their way through the legal system test whether Title VII’s sex discrimination provisions cover discrimination based on sexual orientation. In the meantime, remember that harassment based on sexual stereotypes is already illegal.

Have objective hiring standards? Good! Now stick with them for all applicants

08/02/2017
If your organization has created standardized, objective processes for hiring or promotion, make sure you deviate from them as little as possible. Doing so without a good, contemporaneous explanation may result in expensive litigation.

Open-ended leave isn’t reasonable ADA accommodation, also won’t work on age bias

08/02/2017
A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.

California’s FEHC proposes regulations on national-origin bias

08/02/2017
California’s Fair Employment and Housing Council has proposed new regulations that seek to expand and clarify the definition of national origin discrimination.

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.

Transfer can amount to adverse action–but it better be a long way away

08/02/2017
Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.