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Discrimination / Harassment

Bill voids NDAs in sexual harassment cases

11/22/2022
The Speak Out Act voids any nondisclosure agreements in sexual assault or harassment cases. The bill passed Nov. 16 in the House, and the Senate passed the bill by unanimous consent in September.

Sexual harassment and retaliation at funeral home

11/17/2022
A mortuary will pay $135,000 to settle a sexual harassment and retaliation lawsuit. The EEOC sued on behalf of female employees who alleged the owner made crude sexual comments.

“No facial hair, no exceptions” causes EEOC to sue

11/17/2022
A company with a “no facial hair” policy violated Title VII when it hired an EMT who could not shave his beard due to his religious beliefs and fired him when he refused to shave, alleges an EEOC lawsuit.

Conduct a self-audit before finalizing terminations

11/17/2022
There’s a compelling reason to conduct a routine HR office review of all employment decisions before they’re finalized. That way, your HR professionals can do their jobs and confirm that the decision is based on objective information and business necessity.

Housekeeper for Bezos sues, alleges racial discrimination

11/17/2022
Jeff Bezos, the founder of Amazon, has been sued close to home. His former housekeeper, who is Hispanic, accuses him and two of his investment firms of racial discrimination.

Two new lawsuits on an ancient form of discrimination: caste

11/15/2022
Recently, several advocacy groups have urged the EEOC to expand its protection under Title VII of the Civil Rights Act based on a unique form of discrimination involving membership or assignment to a caste system. At the same time, two lawsuits are testing whether Title VII’s religious or national origin discrimination provisions can provide a remedy for caste discrimination victims.

Don’t let holiday party end in litigation

11/15/2022
Getting together in person in a casual and festive environment is an opportunity to reestablish relationships and strengthen the corporate culture. But all that merriment comes at a price—potential lawsuits over everything from booking a non-accessible site for your disabled workers to religious objections if the party is mandatory to sexual harassment fueled by excess alcohol and lowered inhibitions. Here’s how to throw a party with minimal legal risk.

Watch those deadlines! Harvard didn’t

11/08/2022
You heard about the affirmative action case filed against Harvard University; the oral arguments took place in October before the Supreme Court. At least Harvard assumed you heard about the case. The university also assumed that their insurance company, Zurich American Insurance Co., knew about it. Wrong.

Kroger needed a policy for a rainy day

11/08/2022
Kroger has settled a religious bias claim for $180,000. Two religious employees in Arkansas refused to wear the grocery chain’s rainbow heart logo on their aprons because they claimed the rainbow represented support for LGBTQ people and politics, which they opposed on religious grounds.

Lactation breaks may cause resentment

11/01/2022
The right to unlimited lactation breaks can create scheduling headaches as co-workers and supervisors scramble to ensure coverage. Some co-workers may even express resentment. Fortunately, a recent federal appeals case doesn’t hold employers responsible for this.