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Discrimination / Harassment

Changes to California law address harassment motive

09/27/2013
Gov. Jerry Brown has signed into law SB 292, a bill that clarifies that an individual filing a sexual harassment complaint under state law need not prove that the sexually harassing conduct was motivated by sexual desire.

San Diego’s mayor resigns, settles sexual harassment claim

09/27/2013
San Diego Mayor Bob Filner has resigned after settling sexual harassment claims against him.

Keep it neat! You can restrict facial hair

09/27/2013
Private employers have the right to set their own dress and grooming codes. Within limits, that includes restricting an employee’s facial hair and insisting on a clean-shaven face unless an employee can’t shave because of a documented medical condition or religious requirement.

Slam the brakes on escalating harassment

09/27/2013
Don’t hesitate to stop behavior that hasn’t quite risen to the level of full-blown harassment. Do it as soon as you get wind that something is amiss.

Fashion tip for the fall season: Don’t tolerate teasing about clothing

09/27/2013
No, a lack of fashion sense is not a “protected characteristic,” like age or religion. But as this new case shows, employers that tolerate em­­ployees who tease co-workers about their clothing could be setting themselves up for legal trouble.

In Harlem jobs program, varying shades of the N-word

09/19/2013
A recent case has tested the complex, unwritten rules surrounding the use of the N-word in the workplace—in this case, the successful STRIVE East Harlem temporary agency, which has been profiled on “60 Minutes.”

Use independent investigation to back up decision to terminate rule-breakers

09/19/2013
Sometimes, it pays to be patient. That’s often true when deciding who to terminate when several people are allegedly involved in rule breaking. Conduct an independent investigation, talk to all the individuals involved and come to conclusions based on what the employees said. That way, there’s a good chance a court won’t second-guess your final decision.

Spying shrinks, paranoia at work in state mental hospitals?

09/16/2013
The state’s troubled mental health system is reeling from high-level departures and revelations that psychiatrists were investigating one another without the knowledge of the agency’s chief executive.

‘Co-workers ignored me’ is not enough evidence to support a discrimination case

09/12/2013

Some employees just aren’t very likable, and that can lead to workplace awkwardness. Co-workers may ignore their prickly colleagues and only deal with them when necessary. That’s OK as long as this mild ostracism does not spill over into ­discrimination.

Your best bet for beating false allegations: Good records, consistently fair practices

09/10/2013
You can never predict which employee will sue and over what alleged wrong. That’s why the best approach is to focus on treating every employee fairly and consistently, applying your rules even-handedly.