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Discrimination / Harassment

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.

Isolated slur doesn’t justify harassment lawsuit

02/01/2013
Good news for employers worried that a single inflammatory utterance could land them in big legal trouble: Courts generally won’t hold an employer responsible.

When you need to trim workforce, focus RIF criteria on measurable factors

02/01/2013
The key to a successful, challenge-proof reduction in force is using objective, measurable factors to determine who stays and who goes. That greatly reduces the likelihood that a former employee who loses his job to a RIF will win a discrimination case.

Considering after-the-fact paper trail to justify firing?

02/01/2013

Move cautiously when dealing with an employee who complains about harassment and discrimination—especially if the complaint involves a supervisor who now wants to terminate him. Unless you have a pre-existing paper trail showing poor performance before the complaint, going back to create one is dangerous.

When religious accommodation costs too much

02/01/2013

Employees who must miss work because of religious restrictions are entitled to reasonable accommodations. While employers must look for sensible solutions, that doesn’t mean they have to redesign their workforce, buy additional equipment or otherwise change the way they do business if it would be too expensive or cumbersome.

When discipline differs, be sure to document why

02/01/2013
Here’s a timely reminder that you should carefully document disciplinary actions and make sure there is no unintentional discrimination. The key is to thoroughly consider the appropriate punishment for each transgression, taking into account all the details.