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Discrimination / Harassment

Take steps to stop blatant customer harassment

11/26/2013
Employers can’t control everything—including situations in which customers harass employees. As long as you take reasonable measures to prevent or stop blatant harassment, a single incident won’t mean you will be liable for customer harassment.

Senate passes ENDA, House vote unlikely as ever

11/19/2013
The Senate on Nov. 7 voted 64 to 32 to approve the Employment Non-Discrimination Act (ENDA), which would make it illegal for employers to discriminate against employees on the basis of actual or perceived sexual ­orientation or gender identity.

‘I’m pregnant’ + poor review = likely employee lawsuit

11/19/2013
When a formerly high-rated em­­ployee suddenly finds herself on the receiving end of a poor evaluation, she’s likely to look for a reason—such as her recent announcement that she is expecting a baby.

Harassing restaurateur braces for court’s damages award

11/19/2013
A high-profile sexual harassment case that went all the way to the Min­­ne­­sota Supreme Court will now proceed to the penalty phase with no opposition from the defendant.

Minnetonka banker beats arson rap, settles harassment lawsuit

11/19/2013
Five former employees of Min­­ne­­tonka’s Equity Bank have agreed to a settlement in a lawsuit that alleged that the bank’s CEO barraged them with vulgar tirades, threatened to burn down their houses, kill them and dismember their children.

You should ban all racial slurs at work, but hold supervisors to a higher standard

11/19/2013
When it comes to the use of racial or other patently offensive slurs, it makes a difference who does the talking and how often. Courts don’t tolerate slurs when a supervisor is responsible, but cut employers more slack when it’s a co-worker speaking.

Don’t tolerate bully boss–but don’t fear bias lawsuit if he’s awful to everyone

11/19/2013
While it’s unpleasant and unproductive, having a supervisor scream at subordinates isn’t grounds for a race discrimination lawsuit if he never uses racially offensive words.

Immediately apply your policy to stop harassment before it escalates

11/19/2013
An effective sexual harassment policy that includes prompt investigation of any complaints of physical touching is key to prevailing in a sexual harassment lawsuit. What should your policy include?

11th Commandment: If employee truly believes, thou shalt accommodate

11/18/2013
Federal law says that as long as an employee’s religious belief is “sincerely held”—which is almost impossible to quantify—employers have to look for a reasonable accommodation that meets the em­­ployee’s needs.

Requiring foreign language skills isn’t discrimination

11/14/2013
Do you need some employees to speak a foreign language? Don’t worry that requiring fluency could be viewed as discrimination.