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Discrimination / Harassment

Promoting employee: Yeah, that probably doesn’t count as retaliation

04/13/2015

It’s considered protected activity when employees complain about harassment based on ethnicity or other protected characteristics such as sex, race or religion. That means employers can’t retaliate against employees for having filed a harassment complaint. Now a court has clarified the obvious: Promoting an employee isn’t retaliation.

Is that employment action adverse? 5th Circuit won’t say

04/13/2015
Not every slight, indignity or inconvenience experienced in the workplace is sufficient to meet the standard set by the ADEA, Title VII of the Civil Rights Act of 1964 or other state or federal law. Even so, where does one draw the line?

Texas legislation would protect LGBT employees

04/13/2015
Texas Sen. Jose Rodriguez has proposed a bill barring discrimination against the state’s lesbian, gay, bisexual and transgender employees.

Ad hoc second chances? See you in court!

04/13/2015

If you have a strict rule in place that calls for discharge for a specific offense, be careful before you make an exception for one employee. If you do, another who doesn’t’ get a second chance may believe the real reason is some form of discrimination and point to the other employee’s race, ethnicity, sex or other characteristic different from his as proof.

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.