Discrimination / Harassment

You must consider internal applicants

01/02/2020

Before you open a job listing to outside applicants, make sure you consider current employees. Ignoring them—especially those who possess the required experience and qualifications—can be a risky proposition.

Prevent bias lawsuits: Never simply rubber-stamp boss’s discipline recommendation

12/26/2019

Before approving a supervisor’s recommended disciplinary action, HR should conduct an independent investigation. It needn’t be extensive, but it’s essential to document that you checked into the facts of the case.

Coping with New York state’s new employment laws

12/20/2019

As we enter 2020, employers should review their policies and handbooks to make sure they take into account new laws recently enacted or about to go into effect. In particular, new rules make it easier for employees to file and win lawsuits.

Review disciplinary records to uncover hidden supervisory discrimination

12/18/2019

Before discharging an employee for violating a rule, make sure that he or she really did commit an infraction. Be particularly alert for the possibility that a supervisor might have tried to manipulate the rules to get an employee to break one.

Ignore man’s harassment claim at your peril

12/12/2019

About 16% of all sexual harassment complaints the EEOC receives each year are filed by men who claim women harassed them at work. As this case shows, ignoring female-on-male harassment can be costly.

DOL seeks $400 million for Oracle pay bias

12/12/2019

A federal court in California began hearing testimony Dec. 5 in a lawsuit that claims software giant Oracle underpaid current and former workers by more than $400 million while they worked on government contracts over the course of four years.

Smiley Dental supervisor frowned on pregnancy

12/10/2019

Smiley Dental in Dallas has agreed to settle EEOC pregnancy discrimination charges that arose after a receptionist informed her boss she was pregnant a month after being hired.

Halliburton settles charges of race, national origin bias

12/10/2019

Energy industry supplier Halliburton has agreed to settle charges it discriminated against two workers because of their national origin and religion.

Isolated comments don’t add up to harassment

12/05/2019

A few isolated comments of an arguably sexual nature aren’t enough to support a hostile work environment lawsuit. To make that case, an employee who quits and sues would have to show that a hypothetical reasonable employee would have done the same to escape the hostile environment.

Trying to encourage resignation can backfire