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Discrimination / Harassment

Gay employee can claim bias based on gender stereotyping

05/16/2017
Courts are currently working out whether discrimination on the basis of sexual orientation is sex discrimination under Title VII. However, that’s not the only way to challenge anti-gay bias.

Forbid reinstatement when settling lawsuits

05/16/2017
Be sure to consider all the ramifications of settling an employee’s discrimination lawsuit, especially if the settlement includes reinstatement. An employee who comes back to work for you could turn right around and sue you again if he believed you are continuing to discriminate.

No fury like a (pregnant) woman scorned

05/11/2017
A Florida insurance brokerage has agreed to pay $100,000 and change its policies to settle charges it discriminated against a job applicant because of her pregnancy.

Appeals courts split on Title VII sexual orientation discrimination

05/10/2017
The 2nd and 7th Circuits have recently issued conflicting rulings, with the 2nd Circuit holding that sexual orientation discrimination is not sex discrimination within the meaning of Title VII, and the 7th Circuit holding the opposite.

Employee doesn’t have to follow every step in your harassment complaint procedure

05/10/2017
Don’t think setting up a multiple-path complaint process lets you off the hook. Even if an employee neglects to take her complaint “up the organization chart,” you are still responsible for stopping harassment that you find out about.

Feel free to set tough harassment standards

05/10/2017
When it comes to responding to sexual harassment, courts give employers considerable leeway. That doesn’t mean you can’t set extremely strict rules on your own.

Accommodate religion during onboarding

05/05/2017
Everyone knows it’s illegal to discriminate based on religion when hiring, and that employers must reasonably accommodate religious practices once employees begin working. Not as well-known is the need for religious accommodation during onboarding.

$2 million bite out of dental association

05/04/2017
The American Dental Association’s former chief legal counsel and its former HR director will split $1.95 million after the EEOC determined the association probably retaliated against the two executives for voicing concerns about what they believed were discriminatory actions.

Bias claims can advance based on little evidence

05/03/2017
Former employees don’t need much evidence to get through the first phase of a discrimination claim. A few allegations are all that’s necessary.

Sued for age bias? Prepare to prove the employee wasn’t performing the job

05/03/2017
Before going forward with an age discrimination lawsuit, an employee must show he is old enough to be covered by age bias laws, was replaced by a younger worker and was qualified for the job he held.