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Discrimination / Harassment

OK to expect better behavior from managers

02/06/2020
While a subordinate might be excused for a minor rule breach, his supervisor could legitimately be disciplined for breaking the same rule. Just make sure your handbook outlines this greater expectation.

EEOC charge trends contain good news & bad

02/06/2020
Good news and some bad news for employers lurks within the EEOC charge statistics for Fiscal Year 2019.

Employee represents herself? Prepare for long legal slog

02/03/2020
Sometimes, litigious employees decide to act as their own attorneys. Don’t assume this will make it easy for you to win in court. If anything, when a past or current employee decides to represent herself, the case may end up taking longer and costing more.

Encourage staff who witness harassment to report it

02/03/2020
Since the #MeToo movement became influential in 2017, the EEOC has focused on encouraging so-called bystander reporting of workplace sexual harassment. But a recent case highlights what happens when a bystander takes reporting harassment seriously and finds himself fired.

Judges know work can be unpleasant—and they’re willing to cut you some slack

02/03/2020
Not every complaint of unfair or unpleasant treatment at work justifies a lawsuit. Rest assured that judges are often willing to defer to employer decisions unless there’s solid proof of biased behavior.

‘Bye, Felicia’ comment not discriminatory

02/03/2020
Unless disrespect crosses the line into racial, sexual, religious or other harassment based on a protected characteristic, misbehavior won’t support a lawsuit.

Employees have more time to file FEHA bias charges

02/03/2020
Employees who want to file discrimination, harassment or retaliation charges against their employers under the California Fair Employment and Housing Act now have more time to do so.

#MeToo 2.0: High-profile cases continue

01/30/2020
Employee activism in the light of perceived mishandling of internal harassment complaints has prompted another round of high-profile firings. Here are some recent examples.

2019 EEOC charges continue steep decline since 2016

01/30/2020
EEOC charges fell to 72,675 in Fiscal Year 2019, according to just-released statistics. That marks the third straight year of declining EEOC charges, with a 20% reduction since FY2016.

Legal update: New bias protection, fluctuating workweek OT

01/28/2020
Two new labor and employment law developments require employers to review their policies. The first adds a new form of prohibited discrimination to the already long list of employer rules. The second clarifies how to handle fluctuating workweeks under the FLSA.