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Discrimination / Harassment

Lawsuit limitation clause may stop New York bias claims, but won’t bar federal cases

11/11/2012
If New York employers want to shorten the time frame in which former employees can file lawsuits, they can do so by including a clause to that effect in their employment applications. However, that may apply only to New York state claims, not federal ones.

Set clear policy on promotions–and enforce it

11/11/2012
Good news for employers that use a formal process to invite employees to apply for promotions. Employees who don’t follow that process—instead merely telling their boss that they want to be considered—can’t successfully sue if they’re not promoted.

Cite business reasons to justify terminations

11/11/2012
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.

Supreme Court will address key employment law cases this term

11/09/2012

The Civil Rights Act of 1964 dominates this year’s employment-related Supreme Court docket, with the Justices hearing two cases involving Title VII of that landmark law. Also to be decided between now and next June: cases involving the FLSA and ERISA.

Ohio bill would overhaul bias, harassment complaint process

11/09/2012
A bill before the Ohio Senate could thoroughly revamp how employees file complaints about workplace discrimination and harassment—and greatly benefit employers that have robust anti-discrimination and harassment policies and practices.

’40-year-old virgin’ wins right to sexual harassment trial

11/09/2012
Warn supervisors to stay away from demeaning jokes and other offensive, sexually oriented comments.

Go ahead and hold holiday celebrations–just be sure to hold the religion, too

11/09/2012

The winter holiday season is ap­­proaching and with it, perhaps some excessively cheerful holiday glee. That may offend some religious individuals from a wide variety of faiths. But as long as employers don’t go overboard on the religious aspects of the season and don’t punish those who want to play Scrooge, a little merriment is fine.

Informal comment to HR? Beware retaliation suit

11/09/2012
An employee’s casual remark to HR can lay the groundwork for a retaliation claim if the comment could be interpreted as objecting to some form of discrimination. That’s good reason to train HR staff to report all comments and consider them as protected activity.

EEOC: Domestic violence victims may be protected from job discrimination

11/07/2012
No federal employment law specifically prohibits job discrimination against domestic violence victims. But the EEOC released a Q&A fact sheet in October 2012 to clarify that Title ViI and the Americans with Disabiilties Act (ADA) “may apply to employment situations involving applicants and employees who experience domestic or dating violence, sexual assault, or stalking.” Read the full Q&A here …

More EEOC investigations take the ‘personal’ touch

11/07/2012
The EEOC is increasingly investigating claims of discrimination by visiting employer workplaces, rather than conducting investigations via the phone and mail, according to attorney Neshesba Kittling. The EEOC’s goal: expand investigations of single charges into companywide class actions.