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Discrimination / Harassment

ADA: Overview

01/11/2014

HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities who can perform a job’s essential functions with or without reasonable accommodation. All employers that have 15 or more employees must comply with the law …

Class action settlements fell sharply in 2013

01/10/2014
Advantage employers! A new legal landscape is working against employees who file work-related class-action suits, following key U.S. Supreme Court decisions. Result: 2013 class-action settlements were lower than since 2006.

Manhattan clerk sues over ‘Burrito Face’ slur

01/08/2014
A former sales clerk at Manhattan’s Alexander McQueen boutique claims she was subjected to numerous slurs concerning her heritage while working at the upscale store.

One comment by boss doesn’t justify age bias claim

01/08/2014
Supervisors should avoid any age-related references, but don’t despair if you learn someone made such a comment—as long as nothing else points to age discrimination. Simply warn the boss to watch what he or she says in the future.

To include in training: zero tolerance for religious name-calling

01/08/2014
While most employees know it isn’t socially acceptable to use racial slurs, some may not realize that religion is an equally sensitive topic, especially for religions that have been targeted for abuse and worse for decades or even centuries. Why not eliminate potential litigation costs with solid education?

EEOC: Fewer bias claims in 2013, bigger bucks

01/08/2014

Charges of job discrimination traditionally spike during recessions. And that certainly happened during the Great Recession, as employee job-bias complaints filed with the EEOC reached all-time highs of more than 99,000 complaints in 2010, 2011 and 2012. However, an improving economy had employees in a less litigious mood during fiscal year 2013.

Operator tech sues chemical company for sex discrimination

01/07/2014
A former employee at Lanxess Corp. has sued her former employer, claiming the company discriminated against her because of her gender. She recounts male employees telling her “women aren’t supposed to be back here” and that it was “not a woman’s job.”

Class matters when discrimination is alleged

01/07/2014
Employees who claim they were disciplined more severely than other employees have to compare themselves to similarly situated workers outside their protected class. They can’t claim someone in their same class got better treatment.

Don’t let religion be an excuse for missing work when it’s not the real reason

01/07/2014
Do you have an employee with a spotty attendance record who suddenly claims she can’t come to work on her day of worship? Employees can’t sue for denial of reasonable religious accommodations unless they prove three things.

Sure it was harassment, but it didn’t last long! A little hostility still means big liability

01/07/2014
Think you have plenty of time to investigate sexual harassment complaints? Think again. The fact is that even a few days of unresolved sexual harassment can become the basis for a lawsuit. Act ­­immediately to stop harassment or face the ­consequences.