• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Will nonnegotiable starting pay close the gender gap?

04/23/2015

New Reddit interim CEO Ellen Pao—fresh off losing a high-profile sex discrimination lawsuit against her former employer—has announced that on her watch, the user-generated Web news organization will no longer negotiate starting salaries with new hires. The reason: To make the workplace fairer for women.

Could we be liable for accidental bias against those or ‘associated with’ protected groups?

04/21/2015
Q. As a California employer, I realize that I cannot discriminate against employees who belong to protected groups. But what if I mistakenly think that an employee is or is not a member of one of these groups, and accidentally treat him or her in a way that is discriminatory?

No sexual harassment? Then no employer liability

04/21/2015
An appeals court has reversed a quarter-million-dollar punitive-damages award for sexual harassment. The problem: The employee couldn’t prove the alleged harassment was pervasive or frequent enough to constitute a hostile environment.

Piling on disciplinary charges can look like retaliation

04/21/2015
It’s easier for employees to prove retaliation for complaining about discrimination than it is to prove the underlying complaint. When disciplining someone who has complained, make sure each infraction is iron-clad—and don’t pile on additional dubious charges.

You don’t have to evaluate motive when employee accuses co-workers of same-sex harassment

04/21/2015
Same-sex harassment claims are tough to prove under Title VII. It’s especially hard if the harassment seems more for the purpose of annoying the harassed worker. But that’s not how the California Fair Employment and Housing Act handles same sex harassment, as an employer recently found out.

ADA: Don’t rush to scrap essential function

04/21/2015

It’s not always possible to accommodate an employee’s disability. Employers do have to consider possible accommodations that allow a disabled employee to retain his job. However, it is unreasonable to expect the employer to entirely eliminate an essential job function.

Transfer worker to combat constructive discharge

04/16/2015
Employees who feel so harassed that they have no choice but to quit can still sue. Cut your liability for what’s known as constructive discharge by transferring the employee.

44 years later, huge settlement ends EEOC discrimination lawsuit

04/14/2015
The EEOC is extraordinarily patient, and employers aren’t its only target.

Hibbing School District caught between DHR and arbiter

04/13/2015
Hibbing High School postponed the arbiter-ordered return of a fired assistant principal after parents and the state Department of Human Rights weighed in. DHR had concluded the assistant principal had probably discriminated against female students during his tenure.

Women’s hockey coach’s firing leads to Title IX lawsuit

04/13/2015
Shannon Miller is one of the most successful coaches in NCAA women’s hockey history, but the University of Minnesota-Duluth concluded she and her all female coaching staff were a luxury it could no longer afford. Citing budgetary reasons, UM-D announced it would not renew their contracts.