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Discrimination / Harassment

More free lawyers may lead to more litigation

06/02/2015

Generally, only indigent defendants are entitled to a free lawyer to defend against serious criminal charges that may result in jail time. The practical result is that employers really don’t have to worry too much about wholly frivolous claims, since few attorneys will take such cases on a contingent fee basis. Recently, however, there has been a growing trend among judges to appoint free attorneys in employment cases.

Supreme Court backs EEOC in headscarf case

06/01/2015
The Court has ruled in favor of the EEOC in a case that pitted fashion retailer Abercrombie & Fitch against a teenager who wasn’t hired after wearing a Muslim headscarf to a job interview.

Texas Supreme Court: Opposing merely inappropriate acts not protected

05/29/2015
The Supreme Court of Texas has decided a case brought under Texas law that will help employers defend themselves against retaliation claims.

Don’t sweat legit transfers: Lateral moves OK if they truly don’t affect pay and benefits

05/29/2015

In order to claim that a transfer or a realignment of duties qualifies as an adverse employment action, employees must show that the transfer or job changes were somehow potentially harmful. That’s especially true in the case of job changes that spring from a lateral move across the organization chart, with the same pay and benefits.

No such thing as ‘overqualified’: Don’t automatically reject skilled older applicant

05/29/2015
Older workers tend to have more overall experience and may seem overqualified for entry-level positions. Don’t reject those candidates, though. Doing so may set you up for a discrimination lawsuit.

Future threat: 3rd-party pressure to curb bias

05/28/2015

The American Civil Liberties Union has asked federal and California state regulators to investigate Hollywood’s hiring practices with an eye toward addressing discrimination against women. Could pressure from politically active groups be employment law’s wave of the future?

EEOC tests digital charge system to handle discrimination complaints

05/27/2015
The EEOC has launched a pilot program to digitally transmit documents to and from employers regarding discrimination charges filed against them. The program—called ACT Digital—is the first step in the EEOC’s move toward an online charge system that will streamline the submission of documents, notices and communications in the EEOC’s charge system.

Solving the transgender bathroom dilemma

05/25/2015
As more people are identifying themselves as transgender, the issue of which restroom they should use in the workplace has become controversial and confusing. Until now.

Can we require English-only on the job?

05/20/2015
Q. We want to require our employees to read, speak and write English at work. Is such a policy legal?

Sudden harassment claim? Investigate before firing

05/20/2015

Sometimes, employees hold back on reporting sexual harassment out of fear, especially if the perpetrator is a supervisor. The first you hear about it may be during the termination meeting. If that happens, suspend the employee instead of firing him. That will give you time to investigate.