Discrimination / Harassment

‘Attractive people should expect harassment’: Really!?

10/28/2021

When a female security guard complained that a male co-worker verbally and physically harassed her, her supervisor’s only response was telling her “she should expect sexual harassment based on her appearance.”

Review points-based attendance system now

10/28/2021

Some employers use a points-based system to punish employees whose unplanned absences wreak havoc on operations. It can be effective. However, a system that’s too draconian or doesn’t allow for reasonable exceptions may invite litigation, especially from employees who claim they have an ADA-covered disability.

Remember, bias is illegal no matter who it helps

10/21/2021

Title VII and other federal employment laws were designed to create a level playing field for all employees. The EEOC takes all discrimination complaints seriously, even when it appears one group that has historically suffered because of bias is treated better than another oppressed group.

Consider religious objections to vaccination

10/21/2021

Legal experts say employers are within their rights to fire unvaxxed staff. However, Title VII’s religious discrimination provisions still apply. That means employers must weigh whether employees with sincerely held religious beliefs against vaccination are entitled to reasonable accommodations of those beliefs.

Tesla zapped with record race bias verdict

10/14/2021

A jury has ordered Tesla, the electric car maker, to pay a contract worker $137 million for the race discrimination and harassment he suffered at the hands of Tesla employees. It is believed to be the largest verdict in U.S. history for an individual claiming race discrimination.

More DEI initiatives in 2021

10/05/2021

Eighty-three percent of employers surveyed say they have been taking action on diversity, equity and inclusion initiatives in 2021, a 13 percentage-point increase from 2020.

Harassment settlement shows what EEOC expects

09/30/2021

The terms the EEOC decides to accept when it settles discrimination cases can help employers determine how to stay in the agency’s good graces. In addition to requiring employers to pay damages to aggrieved employees, EEOC settlements usually call for assurances the employer fixed the causes of the original complaint.

EEOC test case argues for even more telework

09/30/2021

Last year, the EEOC endorsed remote work as an effective accommodation for disabled employees with pre-existing health conditions that made them more susceptible to infection. Now the EEOC has launched a lawsuit testing the argument that telework should be an accommodation even for workers who aren’t technically disabled but are at higher risk of covid-related complications.

Ensure post-offer tests are job-related and necessary

09/23/2021

Making a job offer is a de facto acknowledgement that you believe the applicant was qualified for the position. If you make the offer contingent on passing some sort of pre-employment test, make sure the test is job-related and consistent with business necessity. Otherwise, you are courting lawsuits that likely favor applicants who fail the test.

Insist on HR approval before revoking offer