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Discrimination / Harassment

Beat bias charges by documenting specific reasons for the discipline you choose

06/11/2012

All employees are supposed to be treated equitably, regardless of their protected class. But just as each employee is different, so may discipline sometimes differ. To account for those differences, be very specific about the underlying reasons for your discipline.

How to stop harassment suits before they start

06/10/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you don’t tolerate retaliation, and be sure to check back at least once following the investigation.

New scrutiny may change the way employers access social media

06/08/2012
Before you plunge into cyberspace in search of information on applicants (or current employees), understand the legal implications. Employers’ efforts to access employees’ and applicants’ private social media websites have re­­cently been subject to increased scrutiny by New York and federal legislators.

New Yorkers’ EEOC claims fell–just slightly–in 2011

06/08/2012
New Yorkers filed 3,802 discrimination claims with the EEOC in fiscal year 2011, two fewer than the year before, according to data the commission just released.

Beware! Off-duty harassment may still be your problem

06/08/2012
Sometimes, sexual harassment happens after hours, not in the work­­place. But if there’s a sufficient connection to work, employers may still be liable.

Court: No free lawyer unless case has real merit

06/08/2012
There is no constitutional right to a free attorney in employment dis­­crimination cases. Unless a so-called pro se litigant can show the court that his claim clearly has merit, he’ll have to serve as his own lawyer.

Crack down on supervisor harassment with tough policy, prompt corrective action

06/08/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy and a commitment to promptly investigate harassment allegations.

Take same-sex harassment claims seriously

06/08/2012
According to a recent 2nd Circuit Court of Appeals decision, what one woman considers an innocent brush may be construed by the other woman as intentional same-sex harassment—and juries are best equipped to sort out who is right.

Track discipline for equitable punishment

06/08/2012

If you had to, could you quickly produce records showing that every employee who broke the same rule received the same punishment? Would you be able to readily explain any deviations? If you hesitated when answering these questions, it’s time for action.

EEOC sets stage for Title VII protection of transgender workers

06/04/2012
Citing the U.S. Supreme Court’s decision in Oncale v. Sun­­downer, the EEOC has now stated that it believes Title VII prohibits workplace discrimination against transgender people—those whose gender identity or gender expression differs from the sex they were assigned at birth.