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Discrimination / Harassment

Constructive discharge claim requires showing more than hostile work environment

04/30/2012

Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate that poor treatment created a hostile work environment. However, they must also show an additional, aggravating factor …

What’s age bias? EEOC defines ‘reasonable factors’

04/30/2012
A few years ago, the U.S. Supreme Court said employers fighting claims of age discrimination carry the burden of proof to show that their alleged discriminatory decisions were actually based on a “reasonable factor other than age (RFOA),” not discrimination. The EEOC has issued final regulations that clarify RFOAs.

Appeals court: Attorney fines OK to stop frivolous lawsuits

04/27/2012
Here’s some good news that may mean fewer frivolous lawsuits against employers. The 4th Circuit Court of Appeals has upheld a fine against attorneys who pursued a frivolous lawsuit against an employer.

Easy way to stop most harassment claims: Respond ASAP when employee first complains

04/27/2012
The key to preventing most har­­assment lawsuits lies in properly handling the situation when you first learn of a problem. A quick and effective response that stops the hostility right away is essential.

Beat bias suits with good business reasons

04/27/2012
It’s critical to base every employment-related decision on sound business reasons. It’s the only way to protect against lawsuits from employees who blame discrimination for every problem at work.

Transgender people are protected under job discrimination law, says EEOC

04/25/2012
In what transgender groups are labeling as an “historic” and “landmark” ruling, the EEOC said on April 20 that job discrimination against an employee or applicant based on the person’s gender identity is unlawful under the the federal job discrimination law …

Pittsburgh YMCA execs allege gender-, race-based pay bias

04/24/2012

Four female executives with the Pittsburgh-area YMCA are suing the nonprofit, claiming they are paid less than their male counterparts and in some cases, even less than their subordinates. The four all say the pay inequities are due to gender, and one contends race bias is a factor.

It’s not enough to require employees to report harassment

04/24/2012

Many employers have handbooks that tell employees they must immediately report any alleged harassment or discrimination. But reporting requirements alone isn’t enough. Employers must police workplaces for harassing or bigoted materials, and act immediately if they find anything.

Don’t ignore seemingly nonsensical complaint

04/24/2012

When an employee can’t find an attorney to take up her case, she may resort to filing a lawsuit herself. Her complaint won’t be professional and may be short on logic. That doesn’t mean you should ignore it.

Supervisor bias creates employer liability: Never ignore charges that boss used racial epithet

04/24/2012
You’re almost guaranteed a messy lawsuit if you ignore an employee’s complaint that a supervisor used a racial epithet. Courts have ruled that even a single use of the N-word can be enough to create a racially hostile work environment when the speaker is a supervisor.