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Discrimination / Harassment

Have ‘the talk’ to stop hostile environment

02/18/2013

You can’t fire everyone who makes a stupid comment—or even two. But you also can’t ignore insensitive or offensive speech, just hoping for the best. The best approach is direct: Pull the employee aside and explain that neither you nor the company tolerate racist, sexist, ageist or other offensive comments …

Same offense, different discipline: Show why harsher punishment was warranted

02/18/2013
Even when two or more employees break the same rule, each may not deserve the same punishment. But if you don’t document why each case is different, a judge or jury could decide that discrimination was your motive for punishing one employee more severely.

Just 3 days of harassment can indeed create a hostile work environment

02/08/2013

Usually, courts considering whether an employee worked in a sexually hostile environment will look at a period of weeks, months or years to assess whether the alleged har­assment was “severe and pervasive” enough to become truly hostile. But sometimes just a few days will do the trick.

Supreme Court to decide burden of proof in Title VII retaliation cases

02/07/2013
The Supreme Court has agreed to hear a case that could answer a crucial question when an employee who is a member of a protected class alleges retaliation: Must he prove his protected status was the sole motive for retaliation, or can it be just one of many possible reasons?

Court: ‘Depression’ no excuse for late filing

02/07/2013
A federal court recently decided to strictly enforce filing deadlines for employment discrimination claims in­­stead of extending them for employees electing to represent themselves. It’s a step toward limiting late claims.

When it comes to discrimination lawsuits, the clock starts ticking with firing date

02/07/2013
A federal trial court has reiterated that the important date for filing deadlines is not when an employee learns he was discriminated against, but when he was fired. Employees have to file their EEOC complaint within 300 days of discharge or they lose the right to sue.

Counter religious discrimination claim by showing focus on accommodation, job performance

02/07/2013
Do you have a difficult employee who always has a ready excuse for poor performance? If he’s also demanding religious accommodations, don’t get sucked into litigation over alleged religious discrimination.

Choreographer dances off with $125,000 settlement

02/07/2013
Marymount Manhattan College has settled an EEOC discrimination lawsuit that alleged the college discriminated against a 64-year-old choreography instructor when it denied her a tenure-track assistant professorship.

Texas agencies settle with Feds over pay disparities

02/01/2013
The U.S. Department of Justice and the EEOC have an­­nounced a settlement with two Texas state agen­­cies, resolving pay discrimination allegations at a state department that no longer exists.

DHL will deliver $200K for national-origin discrimination

02/01/2013
Dallas-based DHL Global Forwarding has agreed to pay $201,000 to settle charges that it failed to stop super­visors from harassing Hispanic em­­ployees.