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Discrimination / Harassment

Requiring English not automatically biased

10/04/2019
For years, the EEOC has taken the position that rules requiring employees to speak only English at work are discriminatory unless the employer can justify the rule as a business necessity. But now a federal court has concluded that before making an employer justify the rule’s necessity, the affected worker has to show that the policy has a disparate impact on a protected group.

EEOC takes customer harassment seriously

10/04/2019
The EEOC wants employers to know that customer preference is never a legitimate reason to allow customers to harass or otherwise discriminate against your employees.

Supreme Court to address LGBT rights at work

10/04/2019
The U.S. Supreme Court’s 2019-2020 term, scheduled to begin Oct. 7, will waste no time getting directly to one of the most contentious employment law issues cases on its docket.

OFCCP secures $16 million in pay-bias settlements in one day

10/01/2019
Dell Technologies will pay $7 million to resolve charges of race and gender-based wage discrimination. Goldman Sachs & Co. will pay $9,995,000 to settle similar claims

EEOC says ‘boys will be boys’ defense doesn’t excuse harassment

09/24/2019
Just because it’s a male-dominated, blue-collar worksite doesn’t give supervisors the green light for sexual comments and name calling.

What should we do? Freelancer claims harassment

09/23/2019
Q. We just got a complaint from one of our freelancers alleging she was sexually harassed while working in one of our facilities. What should we do? She’s not our employee.

Do we really have to install baby changing tables in our restrooms?

09/23/2019
Q. I heard that there’s a new law in New York that requires providing baby changing tables in all bathrooms. Is that true? Why would my employees need changing tables?

Evolving landscape: Employer freedom vs. LGBT rights

09/23/2019
In the courts and via the regulatory process, employers are slowly gaining the right to reject certain employees on the basis of their owners’ or officers’ religious convictions.

Keeping up with recent New York employment laws

09/23/2019
You’re not alone if you feel as if the New York state legislature has been passing a new law affecting employers almost weekly. It has, and keeping up isn’t easy. Here are two recent changes.

Extending probation doesn’t count as adverse action

09/23/2019
Employees who sue for discrimination must show they suffered an adverse employment action. But that action must be substantial. An extended probationary period usually isn’t enough.