Discrimination / Harassment

No EPA claim if the jobs weren’t actually equal

03/03/2017

To win an Equal Pay Act claim, an employee must show that a similarly situated employee of the opposite sex was paid more. It’s not enough to merely claim that one sex generally earned more.

Jewelry chain faces massive sexual harassment suit

03/02/2017

The threat of even a small class-action lawsuit can rattle the coolest of HR pros and the attorneys with whom they work. Imagine being sued by 69,000 current and former employees!

Heard allegations of racial harassment? You must take steps to stop it

02/27/2017

Employers face liability if they spot racial harassment at work and don’t take reasonable steps to stop it. Don’t assume the problem will go away on its own—or that workers who experience harassment will indefinitely tolerate a hostile environment.

Consistently apply work rules to steer clear of charges of discrimination

02/27/2017

Beware making exceptions to the rules. That can look like discrimination if a disgruntled employee who doesn’t receive the same exception spots a pattern suggesting unfair favoritism.

EEOC: Take supervisor harassment seriously

02/22/2017

The EEOC has signaled its intent to aggressively pursue harassment cases against employers—especially when the harassment is perpetrated by anyone in a supervisory role.

Warn staff: Bullying can bring criminal charges

02/22/2017

Employees who harass and abuse co-workers—and supervisors who turn a blind eye to bullying—may end up facing jail time.

Minority cops: Minneapolis P.D. psych screening test is biased

02/17/2017

The psychological test the Minneapolis Police Department uses to screen applicants is biased against minorities, according to some police officers.

Federal court: Minnesota law protects transgender people

02/17/2017

A federal court has concluded that Minnesota’s sex discrimination laws include gender identity as a protected status.

To claim discrimination, worker must cite ‘adverse action’–not just an upsetting one

02/16/2017

Employees who claim their employers discriminated against them must be able to prove that they suffered some sort of action that was “adverse,” not merely uncomfortable, inconvenient or even unfair.

EEOC issues new enforcement guidance on harassment

02/09/2017

The EEOC has issued proposed guidance on how it plans to enforce anti-harassment provisions of several federal laws.