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Discrimination / Harassment

Government employers: Section 1983 may mean liability for sexual orientation bias

01/03/2014
While Congress has not yet passed an amendment to Title VII of the Civil Rights Act that outlaws employment discrimination based on sexual orientation, public employers are increasingly being sued under Section 1983, which prohibits government from denying citizens their constitutional rights to equal protection of the law.

Deflecting Cupid’s arrow in an environment shaped by #MeToo

01/01/2014
With Valentine’s Day on the way, now is an excellent time to reexamine sexual harassment policies.

How to avoid age bias when talking retirement

12/31/2013

Supervisors and HR walk a legal tightrope when discussing retirement plans with aging workers. If it appears you’re pushing an employee out the door based on his age, you’ll be setting yourself up for an age discrimination lawsuit.

L.A. approves $1.5 million police harassment settlement

12/24/2013
Los Angeles Mayor Eric Garcetti has approved a settlement payment of nearly $1.5 million to LAPD Officer Earl Wright, signaling the end of the city’s long legal fight with the veteran cop, who sued for racial harassment.

When employees help sick relatives, beware disability association discrimination

12/24/2013
Employers that discriminate against employees who “associate” with disabled individuals face potential liability under the Cali­­for­­nia Fair Employ­­ment and Hous­­ing Act (FEHA). This kind of discrimination comes in many forms.

How to prevent hostile environment claims

12/24/2013

Employers confronted with sexual harassment claims generally do one of two things: either ignore the problem and hope it goes away or face it head on. Ignoring it is, of course, the wrong decision.

Minnesota bans the box: What it means for employers

12/23/2013
Minne­sota is joining a number of other states in prohibiting em­­­­­­ployers from asking job applicants about their criminal records prior to a job interview. Here’s what you need to know about Minnesota’s new “ban the box” law.

Testifying for fellow employee in race case provides retaliation protection

12/23/2013
Employees who testify in an internal investigation, an agency in­­vestigation or in court are protected from retaliation whether or not they belong to the same protected classification as the employee whose case their testimony supports.

Train and track to beat harassment lawsuits

12/23/2013
Employers aren’t required to prevent all harassment—just to stop it when it happens and take reasonable preventive steps. Two of those: Providing anti-harassment training to every employee and tracking who gets that training.

One supervisor slur typically won’t equal a ‘hostile’ workplace

12/20/2013
Courts don’t expect workplaces to be places of complete harmony. However, they do expect employers to take complaints seriously. They want to see that employees are disciplined when they make offensive comments.