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Discrimination / Harassment

At Jones Beach, fashion foul or was it age discrimination?

09/07/2011
When Long Island’s Jones Beach re­­quired its lifeguards to wear Speedo swimsuits for an annual swimming test in 2007, it chafed 61-year-old Roy Lester in more ways than one. He re­­fused to don the skimpy trunks for his test. The beach patrol fired Lester for in­­subordination.

When hiring, prepare for frivolous lawsuits

09/07/2011

It’s sure to happen: Eventually, a disgruntled applicant or employee seeking promotion will sue you for discrimination in the hiring or promotion process. And that lawsuit may lack any kind of merit. These days, desperate applicants may feel they have nothing to lose by suing. That’s why you should plan ahead.

Beware: PDA protection doesn’t end with birth

09/07/2011

Pregnant women have special protection from discrimination under the Pregnancy Discrimination Act. But many employers don’t realize that PDA protections continue for a period of time after the pregnancy ends. Essentially, anytime you terminate an employee who has recently been pregnant, you risk a PDA lawsuit.

Investigations: How to solve the classic ‘he said/she said’ impasse

09/07/2011
It’s a mistake that’s all too common: An employer investigating harassment claims or other workplace infraction fails to act when the inquiry bumps up against a “he said/she said” wall. There are four factors critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.

Texas Roadhouse beats religious bias lawsuit

09/06/2011
When an employee’s religious needs clash with an employer’s scheduling demands, courts often take the worker’s side. But a Nueces County jury recently turned the tables, deciding that the Texas Roadhouse restaurant chain had acted appropriately to accommodate an employee’s request for time off to practice his religion.

Butler County contemplates settling bias claims

09/02/2011
Butler County may have to pony up more than $100,000 to settle claims it discriminated against a small group of female county employees, all over age 40, who were forced to take pay cuts last year.

DOL building pay database to spot discrimination

09/02/2011
The DOL has requested public comment on its proposed pay-and-benefit database for federal contractors. The database would show what pay and benefits federal contractors offered to employees with an eye toward spotting potential pay disparities that may discriminate against women and minority employees.

Beware Sec. 1981 lawsuits, which target race bias

09/02/2011

After the end of the Civil War, Con­­gress enacted Section 1981, outlawing bias based on race in contracts. But “race” is a general term that also includes clas­­sifications based on qualities like being identified as Ger­­man, Russian or Arab.

When racially charged symbols appear, remove them ASAP and punish culprits

09/02/2011
Here’s an incentive to keep ra­­cially hostile symbols out of the workplace: In a case that resulted in no other damages, five black em­­ployees received $50,000 each for spotting a noose at work.

Know how law treats sexual orientation bias

09/02/2011
Discrimination against a man or a woman based on whether the employee conforms to stereotypes about appropriate behavior for each sex is sex discrimination. However, outright discrimination against employees based on sexual orientation isn’t covered under Title VII.