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Discrimination / Harassment

Fed contractors: Prepare to defend pay decisions

05/10/2013
If you’re a federal contractor or subcontractor, now’s a good time to make sure your compensation practices are free from race, sex or age discrimination. The Office of Federal Contract Compliance Programs has ramped up its investi­­gation tactics to root out compensation discrimination.

Age discrimination: Quest for ‘new blood’ will bleed a company’s bank account

05/08/2013
Make sure your supervisors realize that their off-hand remarks about employees’ protected characteristics—age, race, gender, religion, disability—could someday appear in a courtroom on giant laminated posters as part of an employee’s discrimination lawsuit.

Firm pays $190,000 to settle Astoria race harassment case

05/06/2013
A Pennsylvania-based energy-industry staffing firm has agreed to pay $190,000 to a black former employee to settle charges that a foreman har­­assed and physically abused the man because of his race.

In NYC, no more bias against unemployed job applicants

05/06/2013
Controversial amendments to New York City’s Human Rights Act take effect June 11, allowing job applicants to sue for discrimination against a new protected class: the unemployed.

Combat co-worker harassment with effective policy, prompt action

05/06/2013
You can’t prevent all sexual har­­assment, but you can do plenty to avoid liability when it does happen, at least when the harasser is a co-worker. Start with a clear anti-harassment policy, and make sure everyone under­­stands it.

Off-limits to bosses: Talk of child-rearing

05/06/2013
Some things are best left unsaid. That includes any comments about how hard it must be for a mother to have a career and raise children. Tell managers to keep the topic out of their office chitchat.

Retaliation alert: Don’t punish boss for refusing to alter disputed performance review

05/01/2013
Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.

Texas Senate considers long-shot LGBT-rights law

05/01/2013
The Texas Senate is considering a bill that would ban discrimination against lesbian, gay, bisexual or transgendered employees and job applicants. Introduced by Sen. Leticia Van de Putte, S.B. 237 would prohibit employment discrimination based on sexual orientation, gender identity and gender expression.

Break in employment may cut hostile environment liability

05/01/2013
If an employee chooses to return to work in a hostile environment, that makes it much harder to successfully sue for harassment.

‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?

05/01/2013
In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the em­­ployer isn’t on the hook for em­­ployee attorneys’ fees.