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Discrimination / Harassment

In harassment cases, treat all offenders alike

12/14/2015
You need a clear process for handling harassment complaints, following the same procedures for every accused harasser. Otherwise, you could end up facing a discrimination lawsuit.

Who gets the promotion? 6 steps to smart and legal decisions

12/14/2015
If your organization is typical, it’s relying more heavily on internal promotions. And as more employees compete for coveted promotion, we’re seeing a corresponding rise in failure-to-promote lawsuits. To ensure a discrimination-proof selection process, you should:

Is collecting trash a ‘man’s job’? Ask the EEOC

12/13/2015
A Louisiana staffing firm is facing an EEOC sex discrimination lawsuit accusing it of failing to hire at least 34 women—all qualified—who sought temporary positions as residential trash collectors in Harrison County, Missis­­sippi.

EEOC proposed rule clarifies wellness rules under GINA

12/09/2015
Employer-sponsored wellness programs often collect medical data about employees and their families to identify risk factors and customize health and exercise programs. The Affordable Care Act health care reform law favors wellness programs as a way to manage chronic diseases and educate employees about their health.

New York pizzerias sued for national origin bias

12/09/2015
Two restaurants in Fishkill and Wappingers Falls, N.Y. face charges that their owner regularly denigrated Hispanic employees and insisted they speak English on the job.

Incident may be ‘creepy’ but that doesn’t necessarily mean it’s harassment

12/09/2015
Here’s some good news: Just because a supervisor says or does something stupid or tasteless doesn’t mean the employer will suffer. Take an isolated incident that might be characterized as odd or creepy. While perhaps uncomfortable for the employees involved, most of the time it won’t result in a successful lawsuit.

Ignore sexual assault allegations, prepare to pay huge damages

12/09/2015

Here’s a cautionary tale about ignoring a young employee’s plea for help and also ignoring her lawsuit later. Both courses of action may cost dearly—in this case, well over a million dollars.

Doughnut shop in Katy settles pregnancy bias claim

12/07/2015
The Katy Shipley Do-Nuts franchise has agreed to settle charges it discriminated against pregnant employees.

One year difference in age does not equal discrimination

12/07/2015
A recent case found that a mere one-year age difference wasn’t generally enough to show age discrimination.

Brief medical episode isn’t an ADA-covered disability

12/07/2015
A brief, transient medical episode that quickly resolves, leaving a worker as well as before the incident, isn’t a disability and doesn’t mean the employee is covered by the ADA or its later amendments.