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Discrimination / Harassment

Take care when new boss is former colleague

04/13/2015
Assume that a lingering friendship can affect the supervisor/subordinate relationship. At least for a trial period, carefully review all discipline that the new boss wants to impose.

New rule bans discrimination against contractors’ LGBT employees

04/13/2015
A White House executive order that went into effect April 8 prohibits federal contractors and subcontractors from discriminating against employees on the basis of sexual orientation and gender identity.

What doesn’t count as reverse discrimination

04/10/2015
A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision won’t support a reverse discrimination claim.

Comment period on proposed sex discrimination rule extended

04/07/2015
The U.S. Department of Labor has extended for two weeks the comment period for its proposed rule governing the obligations of federal contractors and subcontractors not to discriminate on the basis of sex in their employment practices.

Think this guy had a sexual harassment case?

04/07/2015
Sure, it’s theoretically possible for a man to suffer sexual harassment. But it would have to be pretty blatant to get very far in court, right?

The wrong manager was told of harassment–are you still considered ‘on notice’?

04/07/2015
As this case shows, it’s important that employees voice their complaints to the correct supervisor cited in a harassment, discrimination and retaliation prevention policy. Otherwise, the employee’s whole case could unravel.

Bloomberg News faces reporter’s charges of pregnancy bias

04/06/2015
A former Washington political correspondent for New York-based Bloom­­berg News claims the company fired her because of her pregnancy. She filed the charges with the D.C Superior Court, alleging that management’s attitude changed toward her after she announced it.

What doesn’t count as reverse discrimination

04/06/2015
A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision isn’t enough to support a reverse discrimination claim.

Shouting match over name-calling: That’s not protected activity

04/06/2015
Typically, protected activity involves going to the HR office or a supervisor and reporting harassment, discrimination or other perceived illegal treatment. For example, an employee who discovers a racial slur on the bathroom wall may report that to HR and that’s protected activity. But what if the employee, instead of going through channels, responds directly to the co-worker making a comment or caught writing graffiti?

Warn managers and supervisors: Never suggest that employees’ kids get in the way of work

04/06/2015

One of the worst things a supervisor can do is to tell an employee being discharged for poor attendance that the reason she’s unreliable is because she has children. At best, such a comment may trigger a claim of caretaker discrimination. At worst—especially if absences are to care for a disabled child—the comments can mean an ADA lawsuit based on association discrimination.