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Discrimination / Harassment

Court: Bias must be ‘substantial factor’ in firing

12/24/2014
A state appeals court has just reversed part of a jury award based on a new California Supreme Court requirement that employees prove that discrimination was “a substantial motivating factor” for the firing rather than merely a motivating factor. However, no such rule applies to har­­ass­­ment claims.

DOJ: Title VII covers transgender bias

12/24/2014
Attorney General Eric Holder issued a Dec. 18 memo informing DOJ staff and U.S. Attorneys that the department will no longer assert that Title VII’s prohibition against discrimination based on sex excludes discrimination based on gender identity per se, including transgender discrimination. That reverses a previous Department of Justice position.

Disabled SSA employees settle for $6.6 million

12/23/2014
Current and former employees of the Social Security Administration will receive $6.6 million to settle charges the agency failed to accommodate disabled workers and denied them promotions. A federal judge in Baltimore has given preliminary approval to the deal.

Comments on accent aren’t automatically discrimination

12/23/2014
Some people who speak English well still have thick accents. Asking for clarification or inquiring about the accent isn’t national-origin discrimination, as long as it’s not disrespectful.

Aim high! You can strive for a more diverse workplace without breaking the law

12/23/2014
As long as you consider all candidates on their individual merits and not solely because of what sex, age, race or ethnicity they belong to, your efforts at diversity won’t get you in trouble.

More than a matter of style: Grooming rules can differ based on sex

12/23/2014
If you have a dress and grooming policy that sets out different rules for men and women, you aren’t necessarily setting yourself up for a sex discrimination lawsuit.

City of Brotherly Love rates high for LGBT rights

12/23/2014
Philadelphia scored a perfect 100 in the Human Rights Campaign’s annual rankings of American cities with local laws and policies that protect lesbian, gay, bisexual and transgender people from discrimination.

Severance Pay

12/18/2014

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements …

Promoting? Don’t factor in child care responsibilities

12/15/2014
A woman who was turned down for a promotion to a manager or an assistant manager postion in a pawn shop in Alabama claimed the employer discriminated against her because of her gender and child care responsibilities.

Supreme Court hears arguments in key pregnancy discrimination case

12/10/2014
Does the Pregnancy Discrimination Act require employers to accommodate expectant mothers in the same way they must accommodate disabled workers? That was the question before the U.S. Supreme Court when it heard oral arguments Dec. 3 in Young v. UPS, a closely watched case that could affect workplaces nationwide.